IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 25TH OCTOBER 2011 / 3RD KARTHIKA 1933 WP(C).No. 28363 of 2011(U) -------------------------------------- CMP.4093/2010 of C.J.M.,TRIVANDRUM .................... PETITIONER(S): ----------------------- GEETHAKUMARI, W/O.GOPALAKRISHNAN NAIR AGED 48 YEARS, RESIDING AT JYOTHIS, KUZHIMUKKU, ATTINGAL, THIRUVANANTHAPURAM. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENT(S): ------------------------- HDFC LTD, (HOUSING DEVELOPMENT FINANCE CORPORATION LTD.) REPRESENTED BY AUTHORISED OFFICER, REGIONAL OFFICE, HDFC HOUSE VAZHUTHACAUD, P.B.NO.2288, THIRUVANANTHAPURAM 695 010. SRI.K.K.CHANDRAN PILLAI, SENIOR ADVOCATE BY ADV. SRI.A.S.SAJUSH PAUL, SC FOR HDFC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.28363/2011 APPENDIX PETITIONER(S) EXHIBITS EXT.P1:-COPY OF THE LETTER DT.14.10.2008 ISSUED BY M/S. HDFC LTD. EXT.P2:-COPY OF THE POSSESSION NOTICE DT.20.2.2010 ISSUED BY THE RESPONDENT. EXT.P3:-COPY OF DEMAND NOTICE DT.2.3.2010 ISSUED BY RESPONDENT. EXT.P4:- COPY OF THE JUDGMENT DT.16.2.2011 IN WPC 990/11 EXT.P5:- COPY FO THE DEATH CERTIFICATE OF PETITIONERS HUSBAND. EXT.P6:- COPY OF THE NOTICE DT.11.10.2011 ISSUED BY THE ADVOCATE COMMISSIONER. RESPONDENTS' EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss S.SIRI JAGAN, J. ================== W.P.(C).No. 28363 of 2011 ================== Dated this the 25th day of October, 2011 J U D G M E N T The petitioner challenges proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, initiated by the respondent for recovery of loan amounts defaulted by the petitioner. But the petitioner has already suffered Ext.P4 judgment in respect of the same cause of action. Therefore, I do not think that the petitioner can file another writ petition on the same cause of action. The petitioner submits that the petitioner is in very grave financial trouble and her husband is also no more. Therefore, some lenient view may be taken, is her submission. I am of opinion that the petitioner should seek leniency in a review petition to be filed against Ext.P4 judgment. Therefore, without prejudice to that right, this writ petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge