IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 WP(C).No. 29639 of 2005(C) --------------------------------------- PETITIONER: ------------------ ALTHARA KURIES (P) LTD., KALLINGAPURAM BUILDINGS, REP. BY ITS MANAGING DIRECTOR, K.K. HARIDAS, AGED 52, S/O.KAITHAVALAPPIL, KUNHAYYAPPAN, IRINJALAKUDA VILLAGE, DESOM, IRINJALAKUDA, MUKUNDAPURAM TALUK. BY ADV. SRI.G.SREEKUMAR (CHELUR). RESPONDENTS: ----------------------- 1. THE KERALA FINANCIAL CORPORATION, REP. BY ITS MANAGING DIRECTOR, K.F.C. BUILDINGS, KALOOR, COCHIN-17. 2. THE KERALA FINANCIAL CORPORATION, BRANCH OFFICE, REP. BY ITS CHIEF MANAGER, K.M.M. COMPLEX, KOKKALAI JUNCTION,THRISSUR-680021. 3. P.V. ANTONY, S/O. PARAKKAL VAREED, HOUSE NO.16, VELUKARA VILLAGE,MUKUNDAPURAM TALUK, THRISSUR DISTRICT. ADV. SRI. V.B. UNNIRAJA, SC, FOR R1 & R2, ADV. SRI.P.K.RAVISANKAR FOR R3. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.29639 OF 2005 --------------------------------------- Dated this the 18th day of July, 2008. J U D G M E N T i) Call for the records leading to Ext.P7 and to the extend challenged in this writ petition, the same may be quashed finding that it is illegal and unsustainable. ii) Issue writ of mandamus or any other appropriate writ, order or direction commanding the respondents 1 and 2 to exclude Ext.P2 property concerning any proceedings against the third respondent in the interest of justice. iii) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents 1 and 2 to hear the petitioner concerning the issue in dispute and to provide one more opportunity and decide the subject matter of Ext.P7 afresh in accordance with law in the interest of justice. In view of the intervening developments, in case the petitioner has still any grievance left, petitioner may approach the first respondent, in which case, the matter will be duly considered by the first respondent with notice to the petitioner and the third respondent. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 29639 OF 2005 J U D G M E N T 18.07.2008