IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 25TH MAY 2009 / 4TH JYAISHTA 1931 WA.No. 713 of 2009 --------------------------- AGAINST THE JUDGEMENT IN WPC.30242/2008 Dated 18/02/2009 .................... APPELLANT/PETITIONER: ------------------------------------- JYOTHIKUMAR,S/O.LAKSHMANAN, 123, THEKKETHIL VEEDU, 9 OORUPOIKA, MUDAKKAL. BY ADV. SRI.M.ZIYAD SRI.SANU.S.PANICKER RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. DEPUTY TAHSILDAR,REVENUE RECOVERY, TALUK OFFICE,CHIRAYINKEEZHU, THIRUVANANTHAPURAM DISTRICT. 2. BRANCH MANAGER,ING VYSYA BANK, RAVIPURAM, ERNAKULAM. R1 BY SR.GOVT. PLEADER SRI.BENJAMIN PAUL R2 BY STANDING COUNSEL SRI.R.S.KALKURA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 25/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & Kurian Joseph, J. ------------------------------------------ W.A. No.713 of 2009 ------------------------------------------ Dated, this the 25th day of May, 2009 JUDGMENT S.R.Bannurmath, C.J. Even though the order of the learned Single Judge dated 18th February, 2009 in respect of the applicability of the Kerala Revenue Recovery Act to the facts of the present case is under challenge, after hearing for some time, learned counsel for the appellant seeks permission to withdraw the writ petition and the writ appeal so as to work out his remedy before the Debts Recovery Tribunal. In view of the above, the writ petition and the writ appeal stand dismissed as withdrawn with liberty to the appellant to approach the Debts Recovery Tribunal. Consequently, the impugned judgment of the learned Single Judge is set aside. S.R.Bannurmath, Chief Justice Kurian Joseph, Judge vns