IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 24TH MARCH 2011 / 3RD CHAITHRA 1933 WP(C).No. 2297 of 2011(J) ------------------------- PETITIONER(S): --------------- 1. SURENDRAN K.B., S/O.BALAN, AGED 48 YEARS KALATHERI HOUSE, KOLAZHI DESOM, KOLAZHI VILLAGE, THRISSUR DISTRICT. 2. ASHA, W/O.SURENDRAN, AGED 39 YEARS, KALATHERI HOUSE, KOLAZHI DESOM, KOLAZHI VILLAGE, THRISSUR DISTRICT. BY ADVS. SRI.M.R.DHANIL SRI.JOBY JOSEPH (THRISSUR) RESPONDENT(S): --------------- 1. THE THRISSUR DISTRICT CO-OPERATIVE BANK LTD., VANITHA BRANCH, PATTURAKKAL, THRISSUR-22, REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY, THRISSUR DISTRICT CO-OPERATIVE BANK LTD., VANITHA BRANCH, PATTURAKKAL-22, THRISSUR. 3. THE AUTHORISED OFFICER, UNDER SARFAESI ACT, THRISSUR DISTRICT CO-OPERATIVE BANK LTD., KOVILAKATHUMPADAM, THIRUVAMBADI (PO), THRISSUR-22. 4. THE JOINT REGISTRAR OF CO-OPERTIVE SOCIETIES, AYYANTHOLE, THRISSUR DISTRICT-680003. BY ADVS.SRI.MATHEW GEORGE VADAKKEL, GOVERNMENT PLEADER SRI.P.C.SASIDHARAN, STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 2297 of 2011(J) APPENDIX EXHIBITS FOR THE PETITIONERS : EXT.P1 : TRUE COPY OF THE NOTICE ISSUED BY THE BANK EXT.P2 : TRUE COPY OF the RELEVANT PAGES OF THE BANK PASSBOOK WITH RESPECT TO HOUSING LOAN ACCOUNT NO.802 ISSUED BY THE DISTRICT CO- OPERATIVE BANK. EXT.P3 : TRUE COPY OF THE RELEVANT PAGES OF THE BANK PASSBOOK WITH RESPECT TO SIMPLE LOAN ACCOUNT NO.1081 ISSUED BY THE DISTRICT CO- OPERATIVE BANK. EXT.P4 : TRUE COPY OF THE POSSESSION NOTICE DATED 5.1.2011. EXT.P5 : TRUE COPY OF THE REPRESENTATION DATED 10.1.2011 EXT.P6 : TRUE COPY OF THE RECEIPT ISSUED BY THE DISTRICT CO-OPERATIVE BANK THRISSUR-DTD.5.3.2011 EXHIBITS FOR THE RESPONDENTS : NIL //TRUE COPY// P.A.TO JUDGE ami/ C.K.ABDUL REHIM, J. ------------------------------- W.P.(C).No.2297 of 2011 ------------------------------- Dated this the 24th day of March, 2011. J U D G M E N T Considering the effective alternative remedy available, this Court was not inclined to entertain this writ petition. However, dispossession of the petitioners from the property was stayed subject to condition of payment of a sum of Rs.3,00,000/- (Rupees three lakhs only), within 3 weeks from 4.2.2011. Subsequently, on the basis of application made by the petitioner, the time stipulated for payment was extended upto 10.4.2011. But it is conceded that the petitioner had failed to comply with the condition. 2. Under the above circumstances, I am not inclined to entertain this writ petition any further. However, statutory remedy if any available to the petitioner, will stand reserved. In the result, this writ petition is dismissed without prejudice to rights if any available to the petitioner to invoke statutory remedy. C.K.ABDUL REHIM, Judge ami/