IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 27TH FEBRUARY 2008 / 8TH PHALGUNA 1929 WP(C).No. 6717 of 2008(Y) ------------------------- PETITIONER: -------------- G.R.RAMACHANDRAN, AGED 43 YEARS, S/O.A.RAVINDRANATH, THULASEEVANAM, WEST KADUNGALLORE, ALUVA, ERNAKULAM DISTRICT. BY ADV. SRI.RAJIT SRI.RANJIT BABU RESPONDENTS: ------------------ 1. THE AUTHORIZED OFFICER, UCO BANK, CHIRACKAL BUILDING, ALUVA ROAD, ANGAMALY, ERNAKULAM DISTRICT. 2. UCO BANK, BRANCH ANGAMALY, CHIRACKAL BUILDING, ALUVA ROAD, ANGAMALY, ERNAKULAM DISTRICT, REPRESENTED BY ITS MANAGER. BY SRI.GEORGE K. VARGHESE, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = W.P.(C) No. 6717 OF 2008 Y = = = = = = = = = = = = = = = = Dated this the 27th February, 2008 J U D G M E N T Securitization proceedings initiated against the petitioner in which sale is now scheduled to be held on 29.2.2008 is under challenge. Though the petitioner confines his request to one for an instalment facility, on the facts of this case I do not think that the petitioner deserves any further indulgence from this Court. 2. Learned counsel for the bank submits that the property mortgaged is 21 cents of land and the purpose was for house construction. It is submitted that the petitioner has an adjacent plot of 10 cents which was also mortgaged to the Syndicate Bank for the same purpose. According to the bank, utilising the loan that was availed of from the bank the petitioner constructed a residential house in the adjacent property which is mortgaged to the Syndicate Bank. Since this amounted to cheating as defined in the I.P.C., the bank lodged a complaint against the petitioner and a crime has been registered in the Angamali Police Station as Crime W.P.(C) No. 6717 OF 2008 -2- No. 286/06. It is stated that in 2006 itself notice was issued under Section 13(2) and possession was taken over on 17.2.2007. 3. It is also pointed out that after completing all formalities sale is now scheduled to take place on 29.2.2008 and it is at the last minute this writ petition has been filed. 4. Having regard to the aforesaid facts I do not find anything irregular in the action taken by the bank and the conduct of the petitioner itself disentitles him for any indulgence from this Court. Writ petition fails and is dismissed. ANTONY DOMINIC JUDGE jan/-