IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 13TH AUGUST 2008 / 22ND SRAVANA 1930 WP(C).No. 24486 of 2008(M) --------------------------------------- (AGAINST ORDER IN OA.95/2005 of DEBT RECOVERY TRIBUNAL, ERNAKULAM) PETITIONER: ------------------- SHAJAHAN PULAKKAL, S/O.ABOOBACKER, P.B.No. 46417, ABUDHABI, UAE., REP. BY P/AT.HOLDER P.M.ABUBACKER S/O.MOIDEENKUTTY, PULAKKAL HOUSE, KAVUKKODE OTTAPPALAM. BY ADV. SRI.K.I.MAYANKUTTY MATHER SRI.P.P.RAMACHANDRAN RESPONDENTS: ------------------------ 1. STATE BANK OF INDIA, THRISSUR TOWN BRANCH, POOMA COMPLEX, M.G.ROAD, THRISSUR-1 2. P.M.ABDUL RAHIMAN, PULAKKAL HOUSE CHALISSERRY PO., PALAKKAD NOW WORKING IN ABU DHABI NATIONAL OIL CO. PB.NO.898, ABU DHABI. 3. RECOVERY OFFICER, DEBT RECOVERY TRIBUNAL , ERNAKULAM. STANDING COUNSEL SRI.GEORGE THOMAS MEDAVA FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ---------------------------------------------------------------- W.P.(C) NO.24486 OF 2008 (M) ---------------------------------------------------------------- Dated this the 13th day of August, 2008 J U D G M E N T Heard the learned counsel for the petitioner and Adv.Sri.George Thomas Mevada for the first respondent. The petitioner claims that he is the son of the 5th defendant in Ext.P2 original application. He seeks an order that he is entitled to release of certain title documents which are involved in that case. He also claims that he is an assignee of some of other defendants. Whatever that be, these are not matters which the writ court can go into. It is in the realm of the jurisdiction of the Recovery Officer or the Debt Recovery Tribunal in terms of RDB Act. The petitioner could work out his remedies thereon even if the petitioner make payments, that is also a matter for Recovery Officer or Debt Recovery Tribunal to consider and receive the payments in terms of law, since all questions regarding the discharge, execution and satisfaction of a recovery certificate is W.P.(C) No.24486/2008 -2- for the authorities under the RDB Act to consider. Hence, if the petitioner moves the Recovery Officer or Debt Recovery Tribunal, those authorities will consider his request and pass appropriate order in accordance with law, without delay. THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/14/8