IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 15TH MARCH 2011 / 24TH PHALGUNA 1932 WP(C).No. 8035 of 2011(D) --------------------------------------- PETITIONER(S): ------------------------- 1. SMT.THANKAM, W/O.LATE ACHUTHANKUTTY, THERAYANCODE HOUSE, EZHAKKAD P.O., MUNDUR, PALAKKAD. 2. T.A.SIVAPRASAD, S/O.LATE ACHUTHANKUTTY, THERAYANCODE HOUSE, EZHAKKAD P.O., MUNDUR, PALAKKAD. BY ADV. SRI.T.C.SURESH MENON RESPONDENT(S): -------------------------- 1. THE SYNDICATE BANK, REGIONAL OFFICER, SHANMUGHAM ROAD, REPRESENTED BY ITS CHIEF MANAGER, (AUTHORISED OFFICER UNDER THE SARFAESI ACT) 682 031. 2. THE KINGS INTERNATIONAL VACATIONS AND LEISURES LTD., 17/18, 3RD FLOOR, SKC BUILDING, MILLU ROAD, COIMBATORE - 641 001, REPRESENTED BY ITS MANAGING DIRECTOR,T.S.SWAMINATHAN. 3. T.S.SWAMINATHAN, S/O.T.C.SUBRAMANAIN, THERAYANCODE HOUSE, EZHAKKAD P.O., MUNDOOR, PALAKKAD DISTRICT - 678 592. 4. SRI.GOPALAKRISHNAN P.P., S/O.LATE T.KRISHNANKUTTY, 13/158, KRISHNA, EZHAKKAD, PALAKKAD DISTRICT - 678 592. 5. SRI.VINOD P.K., S/O.KRISHNANKUTTY, KARIMBILKATTIL HOUSE, KALLEKKAD, PALAKKAD DISTRICT - 678 001. R1 BY ADV.SRI. R.S. KALKURA, SC, SYNDICATE BANK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss C.K.ABDUL REHIM,J. ------------------------------- WP(C).NO. 8035 of 2011 --------------------------------- Dated this the 15th day of March, 2011 JUDGMENT This is the third writ petition filed by the petitioners. The first writ petition was dismissed observing that the petitioners have to challenge the impugned proceedings before the Debt Recovery Tribunal. Subsequent writ petition was filed raising more or less the very same contentions. By Ext.P3 judgment the said writ petition was dismissed as not maintainable. However remedy if any available to the petitioner under the statute was reserved. The challenge in this writ petition is against the very same proceedings. It can only be construed as a sheer abuse of the process of law. Since I am not inclined to exercise the discretionary jurisdiction, this writ petition is dismissed . C.K.ABDUL REHIM,JUDGE pmn/ WP(C) 2