IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 14TH JULY 2010 / 23RD ASHADHA 1932 WP(C).No. 18213 of 2010(B) -------------------------- PETITIONERS: --------------- 1. RAJESH KUMAR, S/O.SUKUMARAPILLAI, 254/4 ASHA BHAVAN, PODIYADI, THIRUVALLA, PRESENTLY RESIDING AT MELAPURATH, SREE DURGA STORES, KOTTOOR P.O., KAVIYOOR, THIRUVALLA. 2. SREEJA RAJESH, W/O.RAJESH KUMAR, 254 ASHA BHAVAN, PODIYADI, THIRUVALLA, PRESENTLY RESIDING AT MELAPURATH, SREE DURGA STORES, KOTTOOR P.O., KAVIYOOR, THIRUVALLA. BY ADV. MR. VINOY VARGHESE KALLUMOOTTILL RESPONDENTS: ---------------------- 1. THE GENERAL MANAGER, VIJAYA BANK, IST FLOOR, JOSE ANNEX, JOSE JUNCTION, ERNAKULAM. 2. THE AUTHORISED OFFICER, (CHIEF MANAGER), VIJAYA BANK, R.R.SECTION, IST FLOOR, JOSE ANNEX, JOSE JUNCTION, M.G.ROAD, ERNAKULAM. 3. THE MANAGER, VIJAYA BANK, CROSS JUNCTION, THIRUVALLA. 4. T.A.SAJI KUMAR, THEKKANAPOIKAYIL, KUNNAMTHANAM, MALLAPPALLY, PRESENTLY RESIDING AT 254/4 ASHA BHAVAN, PODIYADY, THIRUVALLA. R1 TO R3 BY ADV. MR. K.ANAND (A.201) MS. LATHA KRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 18213 of 2010 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 14th day of July, 2010 JUDGMENT The petitioner is challenging the correctness and sustainability of the steps taken by the respondent Bank, in proceeding against the property belonging to the petitioner, over which security interest has been created, in connection with availing of the loan. Many a ground has been raised in the Writ petition, including the challenge as to the course and procedure pursued by the respondent Bank. The prayer in the Writ Petition is mainly to direct the second respondent/authorized officer to take decision on Ext.P6 petition, within a specified time. 2. The learned counsel appearing for the Bank, with reference to the counter affidavit filed, submits that, the sale was conducted by the Bank as early as on 24.6.2008, pursuant to Ext.P2 sales notice and Ext. R3(a) sale notification dated 20.6.2008 effected in The New Indian Express daily dated 30.8.2008. The sale is completed in all respects and the property has been handed over to the successful bidder, who is the 4th respondent in this Writ Petition. 3. The learned counsel for the petitioner submits that, the sale has been completed without proper publication or information to all W.P. (C) No. 18213 of 2010 : 2 : concerned, including the petitioners and that it has been done in a secretive manner, acting as an agent of the successful bidder. 4. Considering the facts and circumstances, this Court does not propose to act as a fact finding agency, calling for evidence from both the sides. Accordingly, interference is declined and the Writ Petition is dismissed. It is made clear that this Court has not expressed any opinion with regard to the rights and liberties of the parties concerned and the remedy, if any to resolve the dispute in accordance with the relevant provisions of law. P. R. RAMACHANDRA MENON, JUDGE kmd