IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 23RD SEPTEMBER 2008 / 1ST ASWINA 1930 WP(C).No. 38237 of 2007(B) -------------------------- PETITIONER(S): --------------- A.C.CHACKO, S/O.AKKARA CHUMMAR, AGED 26, HOUSE NO.39/3768, V.R.M.ROAD, RAVIPURAM DESAM, RAVIPURAM P.O., KANAYANNUR TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.SABU GEORGE RESPONDENT(S): --------------- 1. THE AUTHORISED OFFICER,THE FEDERAL BANK LTD., REGIONAL OFFICE,MISSION QUARTERS, T.B.ROAD, S.T.NAGAR,THRISSUR-1,(THE AUTHORISED OFFICER UNDER SECURITISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT 2002 R/W SECURITY INTEREST (ENFORCEMENT) RULES, 2. THE FEDERAL BANK LTD., ALUVA, ERNAKULAM DISTRICT REPRESENTED BY ITS CHAIRMAN. 3. THE DISTRICT COLLECTOR/DISTRICT MAGISTRATE, THRISSUR. 4. A.C.CHUMMAR, S/O.A.C.CHACKO, AGED 54, AKKARA HOUSE, PANAMKUTTICHIRA ANGADI, EDAKUNNI VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT. 5. THE MANAGER, RESERVE BANK OF INDIA, ERNAKULAM. 6. THE DEBT RECOVERY TRIBUNAL, ERNAKULAM. WP(C).No. 38237 of 2007 -2- ADV. SRI.MOHAN JACOB GEORGE, R1 AND R2 SMT.P.V.PARVATHI SMT.REENA THOMAS SRI.L.RAM MOHAN SRI.KURIAN GEORGE KANNAMTHANAM (SR.) FOR R4 SRI.TONY GEORGE KANNANTHANAM FOR R4 GP SMT.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2008, ALONG WITH WPC NO. 37308 OF 2007,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C)s.38237/2007 & 37308/2007 -------------------- Dated this the 23rd day of September, 2008 JUDGMENT Parties in both the writ petitions are same and a direction in Writ Petition No.38237/2007 would suffice for the parties in Writ Petition No.37308/2007 also. 2. It is submitted by the learned counsel for the petitioner that the challenge in the writ petition is against Ext.P4 sale notice issued by the first respondent. He further submits that subsequently he has approached the Debt Recovery Tribunal with an application for setting aside Ext.P4. The Application is pending as S.A.10/2008. He only prays for a direction to the Debt Recovery Tribunal to pass orders on the said application at the earliest. 3. I heard learned counsel for the respondents 1 and 2. In the circumstances, writ petition is disposed of directing the sixth respondent to consider and pass orders on S.A.10/2008, as expeditiously as possible. The direction W.P.(C)s.38237 & 37308/2007 2 will be operative only after the Presiding Officer takes charge in the Debt Recovery Tribunal, Ernakulam. W.P.(C).37308/2007 No separate orders are necessary in this writ petition, in the light of the direction issued in W.P.(C). 38237/2007. V.GIRI, Judge mrcs