IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 10TH APRIL 2008 / 21ST CHAITHRA 1930 WP(C).No. 11102 of 2008(V) -------------------------- OA.56/2005 of DEBT RECOVERY TRIBUNAL, ERNAKULAM .................... PETITIONER: ------------ 1. M.K. SHAJI, S/O. KUMARAN, AGED 37 YEARS, MUTTANCHERIYIL HOUSE, SANTHANPARA P.O., IDUKKI DISTRICT. 2. M.O. KUMARAN, AGED 65 YEARS, MUTTANCHERIYIL HOUSE, SANTHANPARA P.O., IDUKKI DISTRICT. BY ADV. SRI.N.M.VARGHESE SRI.ROY THOMAS RESPONDENTS: ------------- 1. THE RECOVERY OFFICER DEBTS RECOVERY TRIBUNAL (KERALA AND LAKSHADWEEP), 8TH FLOOR, KSHP BUILDING, PANAMPILLY NAGAR, KOCHI-682036. 2. THE SOUTH INDIAN BANK LTD., REGISTERED OFFICE, THRISSUR. 3. THE MANAGER, THE SOUTH INDIAN BANK LTD., CHINNAKANAL BRANCH, IDUKKI DISTRICT. 4. SRI.C.K. ABDUL HASIM, S/O.C.P.UNNI, CHENDHEARA HOUSE, RAYON PURAM P.O., PIN-683543, ERNAKULAM DISTRICT. R2, R3 BY ADV. SRI.GEORGE VARGHESE,SC,SOUTH INDIAN BANK R1 SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P.C.No.11102 of 2008 ------------------------------------------- Dated this the 10th day of April, 2008 JUDGMENT The grounds raised by the petitioners in support of the writ petition are those on which remedies are available in terms of the second schedule to the Income Tax Act, including to set aside the sale on allegation of fraud etc. or for other relief in accordance to those provisions. After such proceedings before the recovery officer, the petitioners will have a statutory remedy by way of an appeal to the Tribunal. Under such circumstances, it is unnecessary for this Court to exercise discretionary visitorial jurisdiction on different grounds as are urged, which included question of facts also. In the result, the writ petition is dismissed without prejudice to the right of the petitioners to seek further remedies. Sd/- THOTTATHIL B.RADHAKRISHNAN, JUDGE csl