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 FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 WA.No. 759 of 2009() -------------------- AGAINST THE JUDGEMENT IN WPC.33437/2008 Dated 14/11/2008 .................... APPELLANT/PETITIONER: --------------------------- KUNHIMOHAMMED S/O. UNNIMOIDEEN, MANNIL KADAVAN HOUSE, EDAKKARA P.O., MALAPPURAM DISTRICT. BY ADV. SRI.DEVIDAS.U.K RESPONDENTS/RESPONDENTS: ---------------------------------- 1. STATE BANK OF INDIA, REGIONAL BUSINESS OFFICE, FIRST FLOOR, SOUTHERN TRADE TOWER, PUSHPA JUNCTION, FRANCIS ROAD, KOZHIKODE-673 002, REPRESENTED BY ITS AUTHORISED OFFICER. 2. THE STATE BANK OF INDIA, MANIMOOLI BRANCH, MANIMOOLI P.O., MALAPPURAM DISTRICT, REPRESENTED BY ITS MANAGER. BY SRI.K.JAYAKUMAR, SC, SBI THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 03/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & Kurian Joseph, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 759 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this, the 3rd day of April, 2009 JUDGMENT Kurian Joseph, J. Appellant is the petitioner. He approached this Court aggrieved by the revenue recovery proceedings initiated by the 1st respondent. Learned Single Judge has disposed of the writ petition directing the petitioner to pay the dues in instalments. 2. Learned counsel for the petitioner seeks permission to withdraw the writ petition itself so that he may work out his remedy before the Debt Recovery Tribunal. Having heard the counsel on both sides we deem it just and proper to grant the permission. Accordingly, the judgment of the learned Single Judge is set aside and the writ petition is dismissed as withdrawn without prejudice to the liberty of the petitioner to pursue his grievance before the DRT. 3. We make it clear that the time taken by the writ petitioner to prosecute the case before the High Court will be WA No.759/09 -:2:- taken into consideration while considering the application for condonation of delay. The Writ Appeal and writ petition are dismissed. S.R. Bannurmath, Chief Justice. Kurian Joseph, Judge. ttb