IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 WP(C).No. 9852 of 2009(B) ------------------------- MP.2128/2009 of CHIEF JUDL.MAGISTRATE, ERNAKULAM .................... PETITIONER(S): --------------- K.S.AJESH AGED 38 YARS, S/O. SREEDHARAN, KOZHIKKAPARAMBIL HOUSE, MADAPLATHURUTH, MOOTHAKUNNAM P.O. REP.BY HIS POWER OF ATTORNEY HOLDER SRI.ANTONY, AGED 36 YEARS,S/O.DEVASSY, THOTTATHAN HOUSE, CHERAI P.O. PALLIPPURAM VILLAGE KOCHI TALUK. BY ADV. SRI.K.A.MANZOOR ALI SRI.JACOB GEORGE (PARAVUR) RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, CIVIL STATION, KAKKANAD, ERNAKULAM. 2. THE VILLAGE OOFFICER, VILLAGE OFFICE, MOOTHAKUNNAM. 3. THE HDFC BANK LTD.,HDFC HOUSE, RAVIPURAM JUNCTION, RAVIPURAM, KOCHI 682015. 4. SAJAN K.GEORGE, AGED 46 YEARS, S/O.GEORGE, KURUPPASSERRY HOUSE, MADAPLATHURUTH,MOOTHAKUNNAM P.O. MOOTHAKUNNAM VILLAGE, PARUR TALIK. R1, R2 BY GOVT. PELADER SRI.K.C.SANTHOSH KUMAR R3 BY ADV.SRI.K.K.CHANDRAN PILLAI, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.9852 OF 2009 ------------------------------------------- Dated this the 26th day of March, 2009 JUDGMENT The petitioner holds out an agreement for sale by the 4th respondent, who is a debtor of the third respondent. The petitioner states that he has sued respondents 3 and 4 for a decree for specific performance of that agreement. The quality of rights that flow out of an agreement for sale, if at all there is one, and the existence of a suit for specific performance are wholly insufficient to sustain locus standi for the petitioner to challenge the securitisation proceedings. Not only that, even if the decree is granted, that will, in no way, impair the rights of the third respondent secured creditor's interest. The writ petitioner does not have any subsisting right to seek any relief as sought for in this writ petition. The writ petition fails. The same is accordingly dismissed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.27/3.