IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 21ST OCTOBER 2010 / 29TH ASWINA 1932 OP.No. 7440 of 2002(I) ---------------------------- PETITIONER: --------------- STEPHAN FERNANDAS, S.S.COTTAGE, T.C.33/699, KOCHUVELI, THIRUVANANTHAPURAM. BY ADV. MR.P.N.MOHANAN RESPONDENTS: --------------- 1. THE MANAGING DIRECTOR, KERALA FINANCIAL CORPORATION, HEAD OFFICE, THIRUVANANTHAPURAM. 2. THE BRANCH MANAGER, KERALA FINANCIAL CORPORATION, VELLAYAMBALAM,THIRUVANANTHAPURAM. 3. THE SECRETARY TO GOVT., FINANCE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. ADV. MR. ANTONY MUKKATH - GOVERNMENT PLEADER MR.R.S.KALKURA FOR R1 & 2 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 21/10/2010, THE COURT ONTHE SAME DAY DELIVERED THE FOLLOWING: OP.No. 7440 of 2002 ORDER ON CMP NO.13240 OF 2002 IN O.P.NO.7440 OF 2002 DISMISSED 21.10.2010 SD/- S. SIRI JAGAN, JUDGE TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------ O.P. No. 7440 OF 2002 ------------------------------- Dated this the 21st day of October, 2010 J U D G M E N T The learned counsel for the petitioner submits that the issue involved in this original petition is pending consideration in O.S.No.252/2002 before Sub Court, Thiruvananthapuram and therefore, this original petition may be closed without prejudice to the right of the petitioner to pursue his remedies in that suit. The learned counsel for respondents 1 and 2 would submit that as per his information that suit has been dismissed. If that suit has been dismissed also, the petitioner's remedy lies in challenging the judgment in that suit appropriately. Therefore, without prejudice to the right of the petitioner to pursue the matter before the appropriate civil courts, this original petition is closed. S. SIRI JAGAN, JUDGE acd