IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 RP.No. 563 of 2008(A) ----------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.8828/2008 Dated 17/03/2008 REVIEW PETITIONER/FIRST RESPONDENT : ----------------------------------------------------------- TOM JOSE @THOMAS, S/O.JOSEPH, KUMBLANKAL HOUSE, THODUPUZHA KARA, THODUPUZHA VILLAGE, THODUPUZHA TALUK, THODUPUZHA P.O., IDUKKI. BY ADV. SRI.DINESH R.SHENOY RESPONDENTS/PETITIONER & RESPONDENTS 2 & 3: ------------------------------------------------------------------------ 1. THE PRESIDENT, VELLIYAMATTAM SERVICE CO. OP.BANK LTD. NO.3958,PO.VELLIYAMATTAM, PANNIMATAM PO., THODUPUZHA, IDUKKI 2. THE ASSISTANT REGISTRAR OF CO.OP. SOCIETIES (GENERAL) THODUPUZHA, IDUKKI. 3. THE S.I. OF POLICE, KANJAR POLICE STATION, KANJAR PO., THODUPUZHA, IDUKKI ADV.SRI.P.V.BABY FOR R1 SENIOR GOVT. PLEADER SMT.ANU SIVARAMAN FOR R2 & R3 THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 11/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ---------------------------------------------------------------- R.P.No.563/2008 in W.P.(C) No.8828 of 2008 ---------------------------------------------------------------- Dated this the 11th day of July, 2008 O R D E R Following the earlier orders, affidavit has been placed on record by the second respondent. Various facts were averred in that affidavit regarding the identity of the plantation and proceedings of the awards in question. By that affidavit sworn to on 2nd July 2008, it is stated that the property liable to be proceeded against is the mortgaged property. It is not within the provisions of this Court to entertain the challenge on any dispute as to the identity of the property. This is the matter which has to be worked out before the executing authority. Be that as it may, what is meant in the judgment that is sought to be reviewed is that the first respondent shall not meddle with the property which is regulated by the award and it is only the property covered by the award in question, that is ordered to be preserved and proceeded against in law. This is explicit even from a careful reading of the judgment sought to be reviewed. Review petition ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/21/7/8