IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 13TH JULY 2007 / 22ND ASHADHA 1929 WP(C).No. 9925 of 2006(F) ------------------------- OA.129/2000 of DEBT RECOVERY TRIBUNAL, ERNAKULAM .................... PETITIONER: ------------ A. ABDUL RASHEED, PRESIDENT, M/S. BDHIRIYA DEVELOPMENT SOCIETY NO.291/94, REGD.OFFICE AT NEDUMPANA P.O., KOLLAM. BY ADV. SRI.R.KRISHNA RAJ SRI.A.SHANAVAS KHAN SRI.P.R.HARIKUMAR RESPONDENTS: ------------- 1. CANARA BANK, ADICHANALLOOR BRANCH, KOLLAM. 2. DHADI & VILLAGE INDUSTRIES BOARD, THIRUVNANTHAPURAM. 3. NABARD, THIRUVANANTHAPURAM. R1 BY ADV. SRI.R.S. KALKURA R2 BY ADV. SRI.K.P.HARISH,SC,KERALA KHADI BOARD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/07/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE LETTER OF THE FIRST RESPONDENT DATED NIL EXT.P2 TRUE COPY OF THE RECEIPT DATED 4.10.1995 ISSUED BY THE FIRST RESPONDENT. RESPONDENTS' EXHIBITS: NIL TRUE COPY P.S. TO JUDGE. C.N.RAMACHANDRAN NAIR,J. -------------------------------------------- W.P.C. NO. 9925 OF 2006 -------------------------------------------- Dated this the 13th day of July, 2007 JUDGMENT The contentions raised in this Writ Petition are repetition of contentions raised before the DRT in the O.A. If the petitioner had any grievance against DRT's order, petitioner should have filed appeal before the Appellate Tribunal. Moreover, Writ Petition is pending for over a year and there was no interim orders. In other words, respondents were free to proceed with recovery pursuant to recovery certificate issued by the DRT. W.P. is therefore devoid of any merit and is dismissed. (C.N.RAMACHANDRAN NAIR) Judge 2