IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 WA.No. 1250 of 2007(E) ------------------------------------------- AGAINST THE JUDGEMENT IN WPC.4635/2007 DATED 16-3-2007 .................... APPELLANTS/ RESPONDENTS 3 AND 5 IN THE WPC:- --------------------------------------------------------------------------- 1. V.RAMACHANDRA REDDIAR, DHANAMS, CURZON ROAD, KOLLAM. 2. R.ANANTHAKUMAR, DHANAMS, CURZON ROAD, KOLLAM. BY ADV. SRI.ABRAHAM VAKKANAL SRI.SAJI KURIACHAN SRI.PAUL ABRAHAM VAKKANAL SRI.BIJIMON C.CHERIAN SRI.ARUL KUMAR.P SRI.LOWEL CHERIAN RESPONDENTS/ PETITIONER/RESPONDENTS 1,2,4 AND 6 TO 8 IN WPC:- ----------------------------------------------------------------------------------------------------- 1. THE SENIOR MANAGER, UNION BANK OF INDIA, KOLLAM BRANCH, FATHIMA BUILDING, BEACH ROAD, KOLLAM. 2. THE DISTRICT COLLECTOR, COLLECTORATE, KOLLAM. 3. R.DHANALAKSHMI, PROPRIETOR, SEEMATTI TEXTILES, KOLLAM. W.A.No.1250/2007 -2- 4. R.VEERESH KUMAR, DHNAMS, CURZON ROAD, KOLLAM. 5. M.SHAHID AHAMED, CHANDRALAYAM, NELLIMUKKU, KOLLAM-12. 6. RAJAMMAL, CHANDRALAYAM, NELLIMUKKU, KOLLAM-12. 7. DR.MUMTAZ YUSUF, CHANDRALAYAM, NELLIMUKKU, KOLLAM-12. R1 BY ADV.SRI.A.S.P.KURUP-SC FOR UNION BANK OF INDIA. R2 BY GOVERNMENT PLEADER SRI.M.P.SREEKRISHNAN. R3 BY ADV.SRI.P. GOPINATH MENON R5 TO R7 BY ADV. SRI.ANIL XAVIER & SRI.M.RISHIKESH SHENOY. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 07/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & K.M.JOSEPH, J. ------------------------------------------------------ W.A.No.1250 of 2007-E ------------------------------------------------------- Dated, this the 7th day of March, 2008 JUDGMENT H.L.Dattu, C.J. This writ appeal is directed against the orders passed by the learned Single Judge in W.P.(C) No.4635/2007 dated 16th March, 2007. (2). The Union Bank of India, Kollam Branch, Kollam was the petitioner in W.P.(C) No.4635/2007. The prayers sought for by the petitioner Bank was to direct the District Collector, Collectorate, Kollam to evict respondents 2 to 5 and other occupants, if any, under them from the secured asset namely 71.25 cents of land with residential building in Re-survey No.48/2 at Kollam West Village and hand over the said property to the petitioner so as to enable the petitioner to issue sale certificate to the auction purchasers namely respondents 6 to 8 and also to put them in possession of the property. (3). The learned Single Judge, after hearing the parties to the lis by his order dated 16th March, 2007 has granted the reliefs sought for by the petitioner in the writ petition. (4). Aggrieved by the said order, respondents 3 and 5 are before us in this appeal. (5). Sri..A.S.P.Kurup, learned counsel appearing for the contesting respondent, on instruction, would submit that, pursuant to the directions issued by this Court while disposing of the writ petition, the District W.A.No.1250/2007 -2- Collector has implemented the orders passed by this Court. It is further stated that, the Bank, after taking possession of the property that was sought for in the writ petition, has already handed over the same to the auction purchasers, namely, respondents 6 to 8 in the writ petition. (6). Aggrieved by the proceedings taken by the Bank in exercise of its powers under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, respondents 2 to 5 in the writ petition have filed appeal before the Debts Recovery Tribunal and the same is pending for consideration. (7). In the writ petition filed, the only relief that was sought for by the Bank was to direct the District Collector to take possession of the property mentioned in the prayer portion of the writ petition. That prayer was granted by the learned Single Judge and before we could entertain the writ appeal, the Bank has already taken possession of the property and then has handed over the same to the auction purchasers. Aggrieved by those proceedings, the affected parties have already moved appropriate Forum. In view of these developments, in our opinion, at this stage, nothing survives in this appeal for our consideration and decision. (8). However, Sri.Abraham Vakkanal, learned counsel appearing for the appellants/respondents 3 and 5 would submit that, in the guise of implementing the orders passed by this Court, the Bank has taken some other portion of the property which were not even mortgaged to the Bank. If that is so, in our opinion, the appellants/respondents 3 and 5 have to question that action of the Bank in appropriate proceedings by filing W.A.No.1250/2007 -3- appropriate applications. That cannot be agitated over in the present writ appeal. Therefore, while disposing of the writ appeal as having become unnecessary, we reserve liberty to the appellants/respondents 3 and 5 to question the action of the Bank in taking excess portion of the property other than what is mentioned in the prayer portion of the writ petition, before appropriate Forum. (9). With these observations and directions the writ appeal is disposed of. (10). Consequently, all pending interlocutory applications are closed. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (K.M.JOSEPH) JUDGE MS