IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 22ND JUNE 2009 / 1ST ASHADHA 1931 WP(C).No. 17084 of 2009(O) -------------------------- AGAINST THE ORDER IN EP 10/2008 IN OS.41/2007 of PRINCIPAL SUB COURT,ALAPPUZHA .................... PETITIONER(S): ------------------------ 1. RAJAN, S/O. SUKUMARAN, PRESIDENT, SNDP BRANCH, NO. 3715, AMBALAPUZHA (SREE BHAVANAM, KOMANA, AMBALAPPUZHA) 2. RADHAKRISHNAN, SECRETARY, SNDP. BRANCH NO. 3715, AMBALAPPUZHA (THAIPARAMBIL VEEDU, KOMANA, AMBALAPPUZHA) BY ADVS. MR.R.AZAD BABU, SMT. DEEPTHI AZAD. RESPONDENT(S): --------------------------- VIDYADHARAN.P, CHERU BHAVANAM, BHAGAVATHIPPADY, PATHIYOOR.P.O, KEERIKKADU, ALAPPUZHA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss S.S.SATHEESACHANDRAN, J. ------------------------------- W.P.(C).NO.17084 OF 2009 (O) ----------------------------------- Dated this the 22nd day of June, 2009 J U D G M E N T The writ petition is filed under Article 227 of the Constitution of India seeking the following reliefs: i. to call for the records leading to Ext.P4 and quash the same by the issuance of a writ of certiorari or any other appropriate writ, order or direction; and ii. to issue such other or further orders as this Honourable Court may deem just and fit in the circumstances of the case. 2. Petitioner, a judgment debtor proceeded in execution contended that he has no means to pay the decree debt. In the enquiry conducted by the execution court, both the decree holder as well as the petitioner (judgment debtor) adduced evidence. On the materials produced, the execution court arrived at the conclusion that the judgment debtor is possessed of means to pay the decree debt, but issuing of a WPC.17084/2009 2 warrant against him was deferred giving him an opportunity to pay the decree debt. Ext.P4 is the order passed by the court. Propriety and correctness of that order is challenged in the writ petition. I heard the learned counsel for the petitioner. No final order has been issued by the execution court on the proceedings taken whether a warrant is liable to be issued against the judgment debtor, but, of course a finding has been entered that he has means to pay extending him an opportunity to pay the decree debt. It may be inappropriate for this Court to sit in judgment over the discretion exercised by the execution court at this stage and examine the merit of Ext.P4 order. With liberty to the petitioner to challenge the order, if any, passed, if warrant is issued on the basis of Ext.P4 order, writ petition is dismissed. S.S.SATHEESACHANDRAN JUDGE prp WPC.17084/2009 3 S.S.SATHEESACHANDRAN, J. -------------------------------------------------------- CRL.R.P.NO. OF 2006 () --------------------------------------------------------- O R D E R --------------------------------------------------------- 23rd March, 2009