IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 9TH JUNE 2010 / 19TH JYAISTHA 1932 WP(C).No. 12584 of 2010(W) -------------------------- PETITIONER: --------------- REJI CHERIYAN, THALAVELIL HOUSE, POTHIYOOR WEST, KEERICKAD P.O., ALAPPUZHA DIST. REPRESENTED BY ITS POWER OF ATTORNEY HOLDER PREMJITH, S/O.SANKARAN, THANISH COTTAGE, DESIYA MUKKU, THRIKKAKARA P.O., KAKKANAD, ERNAKULAM DISTRICT. BY ADV. SRI.R.AZAD BABU RESPONDENTS: --------------- 1. STATE BANK OF INDIA, STRESSED ASSETS MANAGEMENT BRANCH, STATE BANK OF INDIA BUILDING, 8TH FLOOR, 157A, ANNA SALAI, CHENNAI, TAMILNADU 600 002. 2. AUTHORISED OFFICER (ASSISTANT GENERAL MANAGER), STATE BANK OF INDIA, 40/974, 2ND FLOOR, R.S.BUILDING, M.G.ROAD, KOCHI - 682 011. 3. SHRI.FRANCIS PARACKAL, AUTHORISED OFFICER. (ASSISTANT GENERAL MANAGER), STATE BANK OF INDIA, 40/974, 2ND FLOOR, R.S.BUILDING, M.G.ROAD, KOCHI - 682 011. 4. HARIKUMAR, KAVANAD P.O., KOLLAM. 5. SMT.ANNAMMA MATHEW, KAVUNKAL HOUSE, VELLOOR P.O., PAMPADY, KOTTAYAM. 6. JACOB MATHEW, KAVUNKAL HOUSE, VELLOOR P.O., PAMPADY, KOTTAYAM. 7. SUMMER SAND HILL RESORTS AND AYUVEDIC CENTRE, KOLAHALAMEDU, P.O.VAGAMON, IDUKKI 686 501 REPRESENTED BY ITS MANAGING PARTNER JACOB MATHEW. STANDING COUNSEL SRI.GEORGE THOMAS (MEVADA) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J -------------------------------------------- WP(C) NO. 12584 OF 2010 -------------------------------------------- Dated this the 9th day of June, 2010 JUDGMENT The petitioner has approached this Court with the following prayers: (I) Issue a writ of mandamus commanding the respondents 1 to 3 to furnish the documents sought for in the representation dated 12.03.2010. (II) Issue a writ in the nature of mandamus commanding the respondents 1 to 3 not to confirm the sale in favour of the petitioner till such documents as prayed for in prayer (I) are furnished and till clear and marketable title could be vested in the petitioner in furtherance of proceedings under Exhibit P2 auction notice. (III) Issue a writ of prohibition restraining the respondents 1 to 3 from acting to the detriment of the petitioner in any manner by way of resorting to alienation of the property without reference to Exhibit P2 notice for sale. (IV) Issue such other appropriate writ, order or direction as this Hon'ble Court may deem just and fit in the circumstances of the case. The learned standing counsel for the Bank submits on instructions, that the petitioner took part in the public auction of the property, over which security interest was created by the borrower, after remitting the necessary EMD of five lakhs. Subsequently, though the petitioner turned to be successful bidder, the proceedings were not finalised due to many a reason; under which circumstance, the petitioner sought to return the EMD. Taking note of the factual circumstances, the Bank returned the entire EMD and the same was sent by registered post, which was accepted by the petitioner as revealed by the acknowledgment card duly 2 WP(C) No. 12584/2010 signed and returned. This being the position, the petitioner does not have any 'locus standi' to file this Writ Petition; submits the learned counsel. 2. However, there is no representation for the petitioner. In the circumstance, this Court does not propose to go into the merits of the Writ Petition and it is dismissed for default. P.R.RAMACHANDRA MENON JUDGE dnc