IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 21ST JULY 2010 / 30TH ASHADHA 1932 WP(C).No. 13624 of 2010(C) ---------------------------------------- OA.357/2003 of DEBT RECOVERY TRIBUNAL, ERNAKULAM .................... PETITIONER(S): ----------------------- P.A. VIJAYAN, S/O.AYYAPPU, PATTANMARVALAPPIL HOUSE, CHETTAPPALAM P.O., PADICHIRA, SULTHAN BATHERY, WAYANAD DISTRICT. BY ADV. SRI.JOHN VARGHESE, SRI.P.M.JOSEPH. RESPONDENT(S): -------------------------- 1. THE RECOVERY OFFICER, DEBTS RECOVERY TRIBUNAL, (KERALA & LAKSHADWEEP), 8TH FLOOR, K.S.H.B. BUILDING, PANAMPILLY NAGAR, ERNAKULAM. 2. PUNJAB NATIONAL BANK, KALPETTA BRANCH, WAYANAD DISTRICT, REPRESENTED BY ITS MANAGER. 3. MANUEL T.SEBASTIAN, THAYYIL HOUSE, VELLAPPADU, PALAI P.O., KOTTAYAM DISTRICT. R1 BY ADV. SHRI.K.A.MANZOOR ALI, CGC R2 BY ADV. SRI.P.K.SURESH KUMAR, SRI.V.C.MADHAVANKUTTY. R3 BY ADV. SRI.H.HAMZA ROWTHER, SRI.V.K.PEERMOHAMED KHAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 13624/2010-C APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER DATED 17/02/2010 ISSUED BY THE 1ST RESPONDENT. EXT.P2: COPY OF THE ORDER DATED 06/04/2010 ISSUED BY THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. P.R.RAMACHANDRA MENON, J -------------------------------------------- WP(C) NO. 13624 OF 2010 -------------------------------------------- Dated this the 21st day of August, 2010 JUDGMENT The 2nd respondent has filed a statement pointing out that the particular property involved in this case has already been sold to the 3rd respondent and that the sale has been confirmed. The learned counsel appearing for the 3rd respondent submits that the sale certificate has also been issued. In the above circumstances, this Court does not find any reason to interfere, by invoking the discretionary jurisdiction under Article 226 of the Constitution of the India. If at all the petitioner is aggrieved in any manner, with regard to the sale proceedings, it is for the petitioner to challenge the same by way of appropriate proceedings, availing the remedy under the statute. P.R.RAMACHANDRA MENON JUDGE dnc