IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 8TH JANUARY 2010 / 18TH POUSHA 1931 WP(C).No. 23804 of 2008(H) ---------------------------------------- PETITIONER(S): ------------------------- K.K.BALAKRISHNAN, S/O.RAMAR (LATE) AGED 55 YEARS, GURUKRIPA, ELAYADATHUPOYIL, PO.PUNNASSERY, VIA NARIKKUNI, KOZHIKODE. BY ADV. MR.K.M.JAMALUDHEEN RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY SPECIAL DEPUTY TAHASIDLAR (RR) BANK LOAN ARREARS COLLECTION ,REVENUE RECOVERY, COLLECORATE, CIVIL STATION, KOZHIKODE. 2. THE BRANCH MANAGER, SYNDICATE BANK, CHEROOTY ROAD BRANCH, KOZHIKODE. 3. P.SIDHARTHAN,S/O VASU, KUTTIYIL HOUSE, P.O.MANNUR, KOZHIKODE. R1 BY GOVERNMENT PLEADER MR. BIJOY CHANDRAN R2 BY ADV. MR.R.S.KALKURA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.R.RAMACHANDRA MENON, J ----------------------------- W.P(C) No. 23804 of 2008 -H ------------------------------ Dated this the 8th day of January, 2010. J U D G M E N T Revenue Recovery proceedings initiated at the instance of the respondent bank vide Ext.P1 are challenged by the petitioner, stating that no amount is due from him, by virtue of the satisfaction of the liability shown in Ext.P2. 2. The learned counsel appearing for the respondent bank, with reference to the statement filed, submits that the 'loan account number' mentioned in Ext.P1 and the one mentioned in Ext.P2 are entirely different. It is stated that the transaction forming the basis of Ext.P1 is in respect of the loan extended to one Mr.Venugopal for which, the petitioner had stood as a 'surety' which liability is over and is different from the loan transaction forming the subject matter of Ext.P2. Obviously Ext.P1 is not pertaining to the transaction covered by Ext.P2 and as such, the pleadings in the writ petition are throughly wrong and misconceived. 3. In the above facts and circumstances the learned counsel for the petitioner sought for permission to withdraw the writ W.P(C) No. 23804 of 2008 -H 2 petition. Permission is granted. The writ petition is dismissed as withdrawn. The issue with regard to the loan extended to the person by name Mr.Venugopal as mentioned in the statement filed by the respondent bank, for which the petitioner had stood as a 'surety', is left open. Sd/- P.R.RAMACHANDRA MENON JUDGE //True Copy// P.A TO JUDGE ab