IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 25TH MARCH 2009 / 4TH CHAITHRA 1931 WP(C).No. 9611 of 2009(V) ------------------------- PETITIONER(S): --------------- 1. THRESIAKUTTY,D/O.MATHAI,AGED 66 YEARS, MANNATHUKUZHIYIL HOUSE, MULLANKOLLY, PULPALLY, WAYANAD DISRTRICT. 2. PAILY, PARIYAPPANAL HOUSE, MULLANKOLLY, PULPALLY, WAYANAD DISTRICT. 3. ANNAMMA, MATTATHIL HOUSE,MULLANKOLLY, PULPALLY,WAYANAD DISTRICT. BY ADV. SRI.M.P.ASHOK KUMAR SRI.P.C.GOPINATH RESPONDENT(S): --------------- 1. THE DEBT RECOVERY TRIBUNAL,KSHB BUILDING PANAMPALLY NAGAR,ERNAKULAM. 2. THE MANAGER,FEDERAL BANK,SULTHAN BATHERY BRANCH,WAYANAD DISTRICT. 3. K.T.THANKACHAN,S/O.JOSEPH, KADUPPIL HOUSE, P.O.MULLANKOLLY, PULPALLY,WAYANAD DISTRICT. 4. SRI.K.J.RAJU, KADUPPIL HOUSE, P.O.MULLANKOLLY,PULPALLY, WAYANAD DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.9611 OF 2009 ------------------------------------------- Dated this the 25th day of March, 2009 JUDGMENT The petitioners challenge Ext.P14 proclamation of sale of different items of properties on account of a recovery certificate issued by the Debts Recovery Tribunal against the third respondent. According to the petitioners, they were not parties to the proceedings before the Debts Recovery Tribunal and had also not created any interest in favour of the creditor bank. In its essence, the claim of the petitioners is that their properties cannot be proceeded against under the impugned sale which apparently proceeds against their properties. This obviously is a matter which require adjudication by the competent authority if the petitioners present appropriate claim petition in relation to the properties which they claim. The writ petition is, hence, closed without prejudice to the contentions of the petitioners and to the right to move the DRT for any such relief. All other issues are left open. If the petitioners file claim application within a period of two weeks, confirmation of the sale would be done only WPC.9611/09 Page numbers if the Recovery Officer is satisfied that the claim petition does not deserve consideration. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.25/3.