IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 12TH NOVEMBER 2007 / 21ST KARTHIKA 1929 WP(C).No. 33274 of 2007(J) --------------------------------- PETITIONER: ---------------- W.AUSTIN,S/O.J.WILSON GRACE COTTAGE, MANNAMOOLA PEROORKADA (P.O) TRIVANDRUM. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.RAJAN VELLOTH SRI.A.S.SABU RESPONDENTS: ------------------ 1. THE BRANCH MANAGER THE CATHOLIC SYRIAN BANK LIMITED MANNANTHALA, TRIVANDRUM. 2. DEPUTY TAHSILDAR (R.R.) THIRUVANANTHAPURAM. BY ADV. SRI.B.S.KRISHNAN, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/11/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 33274 of 2007 -------------------------- Dated this the 12th November, 2007 J U D G M E N T Though the challenge is against the notices under the Revenue Recovery Act, I am of the view that since the main dispute is between the petitioner and the 1st respondent, which is a Scheduled Bank, the writ petition is not maintainable in the light of the decision of the Supreme Court in Federal Bank Ltd Vs. Sagar Thomas [2003 (3) KLT 876]. The writ petition is therefore, dismissed. Nevertheless, I also record the submission made by the Standing Counsel for the 1st respondent that petitioner's prayer for instalment facility will be considered taking note of the fact that he is a physically handicapped person. (V.GIRI, JUDGE) ma K.THANKAPPAN,J CRL.A. NO.92 OF 1999 ORDER 25th May, 2007V.GIRI,J. ------------------------- W.P ( C) No. 33274 of 2007 -------------------------- Dated this the 12th November, 2007 J U D G M E N T Though the challenge against the notices under the Revenue Recovery Act, I am of the view that since the main dispute is between the petitioner and the 1st respondent, which is a Scheduled Bank, the writ petition is not maintainable in the light of the decision of the Supreme Court in Federal Bank Ltd Vs. Sagar Thomas [2003 (3) KLT 876]. The writ petition is therefore, dismissed. Nevertheless, I also recorded the submission made by the Standing Counsel for the 1st respondent. Petitioner's pray for instalment facility be considered and the decision will be communicated to the petitioner taking note of the fact that he is a physically handicapped person. (V.GIRI, JUDGE) ma K.THANKAPPAN,J CRL.A. NO.92 OF 1999 ORDER 25th May, 2007