IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 25TH OCTOBER 2011 / 3RD KARTHIKA 1933 WP(C).No. 28298 of 2011(J) ------------------------------------ PETITIONER(S): ---------------------- INDUSIND BANK LTD., "GOWRI NARAYAN", 40/8400, M.G.ROAD, KOCHI - 682 035 REPRESENTED BY ITS AUTHORIZED SIGNATORY. BY ADVS. SRI.SANTHOSH MATHEW SRI.SATHISH NINAN SRI.ARUN THOMAS SRI.JENNIS STEPHEN RESPONDENT(S): ------------------------ 1. THE VILLAGE OFFICER, ALAKODE VILLAGE, ALAKODE P.O., KANNUR DISTRICT - 670571. 2. THE RECOVERY OFFICER, DEBTS RECOVERY TRIBUNAL, ERNAKULAM. (KERALA & LAKSHADWEEP), 8TH FLOOR, K.S.H.B. OFFICE COMPLEX, PANAMPILLY NAGAR, KOCHI - 682 036. 3. M/S.CHAMBER OF PURANIC ARTS, CHITRAMOOLA, KALADY, CHENGAL P.O., PIN - 683 574. 4. SMT.RINI SURESH, PROPRIETRIX, CHAMBER OF PURANIC ARTS, KALADY, CHENGAL P.O., PIN - 683 574. 5. SMT.KUMARI VARMA, AGED 74 YEARS, D/O.LATE P.R.RAMA VARMA RAJA, ALAKODE HOUSE, ALAKODE P.O., KANNUR DISTRICT. PIN - 670571. 6. K.K.SURESH, CHITRAMOOLA, KALADY, CHITRAMOOLA, KALADY, CHENGAL P.O., PIN - 683 574. SR.GOVT.PLEADER SMT.M.J.RAJASHREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AV WPC.NO.28298/2011 APPENDIX PETITIONER'S EXHIBITS : P1 : COPY OF THE FINAL ORDER DATED 22.05.2007 IN OA 269/2006 OF THE DEBTS RECOVERY TRIBUNAL, ERNAKULAM. P2 : COPY OF THE DEMAND NOTICE DATED 11.06.2007 ISSUED BY THE 2ND RESPONDENT TO RESPONDENTS 4 TO 6. P3 : COPY OF THE NOTICE DATED 26.10.2007 ISSUED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT. P4 : COPY OF THE NOTICE DATED 31.10.2007 ISSUED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT. P5 : COPY OF THE LETTER DATED 24.04.2008 ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT. P6 : COPY OF THE LETTER DATED 03.12.2008 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. P7 : COPY OF THE WRIT PETITION 31146/2006 (WITHOUT DOCUMENT). P8 : COPY OF THE WRIT APPEAL NO.2932/2009 (WITHOUT DOCUMENT). P9 : COPY OF THE LETTER DATED 04.05.2011 ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT. P10 : COPY OF THE ACKNOWLEDGEMENT RECEIPT SHOWING THE RECEIPT OF EXT.P9 LETTER BY THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS : NIL /TRUE COPY/ PA TO JUDGE AV ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 28298 OF 2011 ----------------------------------------------------- Dated this the 25 th day of October, 2011 J U D G M E N T Petitioner is a Commercial Bank. In OA 269/06 before the Debts Recovery Tribunal, Ernakulam filed by the petitioner, order dated 22.5.2007 was passed by the Tribunal allowing the application and permitting the petitioner to recover the amount due from respondents 3 to 6 by proceeding against the property mortgaged as security for availing the loan. Subsequently the petitioner applied for a location sketch in respect of the property and according to the petitioner that was declined by the 1st respondent on account of the pendency of a writ petition filed by the 5th respondent. 2. According to the petitioner Ext.P7 writ petition and P8 writ appeal would reveal that the subject matter of those cases are not the property mortgaged to the petitioner in respect of which the recovery certificate has W.P.(C) No. 28298 OF 2011 :2 : been issued by the Debts Recovery Tribunal. It is stated that this fact has been informed to the Village Officer as per Ext.P9 complaint. Since there has not been any progress on the application for location sketch, this writ petition has been filed. 3. According to the petitioner, the reason for non issuance of the location sketch is the pendency of the writ petition filed by the 5th respondent. It is also their case that the subject matter of that case, is a property which is different from the property in respect of which OA 269/06 was filed. Since these factual matters have been stated by the petitioner in Ext.P9 application before the first respondent, there are matters which the first respondent should necessarily examine. 4. Therefore I dispose of the writ petition directing that the first respondent will consider Ext.P9 representation in the light of the facts stated therein and W.P.(C) No. 28298 OF 2011 :3 : pass orders in this behalf as expeditiously as possible at any rate within four weeks from the date of receipt of a copy of this judgment along with a copy of this writ petition. ANTONY DOMINIC, JUDGE ul/-