IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 22ND FEBRUARY 2010 / 3RD PHALGUNA 1931 WP(C).No. 1205 of 2010(A) ------------------------- DRC.40/1996 of DEBT RECOVERY TRIBUNAL, ERNAKULAM .................... PETITIONER(S): --------------- 1. SUJIR SURESH NAYAK, S/O.LATE SUJIR KESAV NAYAK, KASTHOORI BUILDING, CHURCH GATE RECLAMATION, MUMBAI-400 020. 2. SUJIR DINESH NAYAK, S/O.LATE SUJIR KESAV NAYAK, KASTHOORI BUILDING, CHURCH GATE RECLAMATION, MUMBAI-400 020. 3. SUJIR ANANTH NAYAK, S/O.LATE SUJIR KESAV NAYAK, KASTHOORI BUILDING, CHURCH GATE RECLAMATION, MUMBAI-400 020. 4. SUJIR SAROJINI NAYAK, W/O.LATE SUJIR KESAV NAYAK, KASTHOORI BUILDING, CHURCH GATE RECLAMATION, MUMBAI-400 020. BY ADV. SRI.T.M.CHANDRAN SRI.S.SUJITH SRI.V.A.SASIDHARAN SRI.JOSEPH ALBIN NEDUNTHALLY RESPONDENT(S): --------------- 1. RECOVERY OFFICER, OFFICE OF THE RECOVERY OFFICER, DEBTS RECOVERY TRIBUNAL(KERALA & LAKSHADWEEP) 8TH FLOOR, K.S.H.B.BUILDING, PANAMPILLY NAGAR, KOCHI-36. 2. CANARA BANK, THAMARAKULAM BRANCH, KOLLAM REPRESENTED BY THE MANAGER. WP(C) No. 1205/2010 3. SMT. GEETHANJALI PAI, MUNDAKKAL, KOLLAM-1, NOW RESIDING AT U.S.A., REPRESENTED BY HER POWER OF ATTORNEY HOLDER, P.K.GOPALAKRISHNA PILLAI, PULIMOOTTU PUTHEN VEEDU, KANNIMEL CHERRI, KILIKOLLOOR, KOLLAM. *Addl.R4. E.G. KUNJULEKSHMI AMMA W/O. RAGHAVAN PILLAI RESIDING AT “AMPADI” PULIMATH P.O., KILIMANOOR THIRUVANANTHAPURAM. Addl. R4 is impleaded as per order dated 22.02.2010 in I.A. No. 2172/2010 *Addl.R5. ABDUL KAREEM S., S/O. LATE SULTHAN AGED 51 YEARS, RAHMATH MANZIL KOTTIYAM, KOLLAM. Addl. R5 is impleaded as per order dated 22.02.2010 in I.A. No. 2198/2010. *Addl.R6. JALEEL, AGED 43 YEARS, S/O. ABDULLA AZEEZ RESIDING AT VELANGATTU PADITTATHIL PUTHIYAVILA P.O. ALAPPUZHA. Addl. R4 is impleaded as per order dated 22.02.2010 in I.A.2572/2010. ADV. SRI.P.GOPINATH MENON, SC, CANARA BANK FOR R2 SRI.S.EASWARAN FOR ADDL.RESPONDENT SRI.BINOY VASUDEVAN FOR ADDL.R4 SMT.P.G.BABITHA FOR ADDL.R4 SRI.V.JAYAPRADEEP FOR ADDL.RES SMT.PRIYA SHANAVAS FOR ADDL.RES THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/02/2010, ALONG WITH WPC NO. 1318 OF 2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. ----------------------------------------------- WP(C) No. 1205 of 2010 --------------------------------------- Dated, this the 22nd day of February, 2010 J U D G M E N T The petitioners have approached this Court seeking for issuance of a Writ of Mandamus directing the first respondent Recovery officer to consider and pass appropriate orders on Exts.P2 to P5 (a) after hearing the petitioners and issue a copy of the order to the petitioners so as to enable them to challenge the same by way of appropriate proceedings; simultaneously praying to have the further steps kept in abeyance for some reasonable time. 2. When the matter came up for consideration before this Court, an interim order was passed on 15.01.2010, holding that the sale of the property as scheduled was not intended to be intercepted; however making it clear that the confirmation of the sale would be subject to further orders. The learned counsel for the petitioners submits that in the course of the proceedings, the first respondent has already considered Exts.P2 to P5 (a) and orders have been passed which however, being detrimental to the petitioners are intended to be challenged by filing appropriate proceedings before the DRT. 3. In the above facts and circumstances, this Court does not WP(C) No.1205/2010 2 propose to go into the merits of the case and accordingly, this Writ Petition is disposed of permitting the petitioner to challenge the impugned orders passed by the first respondent, if aggrieved in any manner, by resorting to the statutory remedy available. However, so as to enable the petitioners to pursue the said remedy, all further proceedings shall be kept in abeyance for a period of two weeks. The relative merits of the rival contentions raised by the parties concerned are left open. The Writ Petition is disposed of accordingly. P. R. RAMACHANDRA MENON JUDGE dnc