IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 4TH JUNE 2009 / 14TH JYAISHTA 1931 WP(C).No. 15263 of 2009(C) ------------------------------------- CMP.3155/2009 of C.J.M., ALAPPUZHA .................... PETITIONER(S): ----------------------- 1. GOPALAKRISHNA PILLAI.C., MURALI MANDIRAM, VATHIKULAM, THEKKEKARA P.O., MAVELIKKARA - 690 107. 2. RUGMINI E., MURALI MANDIRAM, VATHIKULAM, THEKKEKARA P.O., MAVELIKKARA - 690 107. BY ADV. MR.B.JAYASURYA RESPONDENT(S): ------------------------- 1. THE BRANCH MANAGER, HOUSING DEVELOPMENT FINANCE CORPORATION LTD., (HDFC), CYRIL TOWER, NEAR RAILWAY STATION, KOTTAYAM. 2. THE GENERAL MANAGER, NATIONAL HOUSING BANK, CORE 5A, 3RD FLOOR, INDIA HABITAT CENTRE, LODHI ROAD, NEW DELHI - 110003. BY ADV. MR.K.K.CHANDRAN PILLAI SC, HDFC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. ........................................................................ W.P.(C) No. 15263 OF 2009 ......................................................................... Dated this the 4th June, 2009 J U D G M E N T The petitioners had availed a housing loan from the first respondent way back in 2004 and did not choose to honour the commitment in repaying the loan amount by way of monthly installments, as specified. This made the respondent-Bank to proceed against the petitioners with coercive steps under the relevant provisions of law, which was sought to be intercepted by filing W.P.(C) No. 11108/2008 before this Court. After hearing both the sides, this Court specifically observed in paragraph No. 2 of the judgment that the only relief sought for was to have an opportunity to wipe out the entire liability by way of installments. Accordingly, the above Writ Petition was disposed of, permitting the petitioners to clear the entire liability by way of installments; simultaneously intercepting with the coercive steps, on condition that the petitioners remitted a sum of Rs. Two lakhs within one month, followed by five equal W.P.(C) No. 15263 OF 2009 2 monthly installments to wipe out the entire liability. The first installment had to be paid before the 30th of June, 2008 and the subsequent installments had to be made before the 30th of every succeeding month. It was also made clear that if any default was committed from the part of the petitioners, the respondents would be free to proceed with the coercive steps. 2. The petitioners have now chosen to approach this Court by filing the present Writ Petition seeking for a direction to be given to the C.J.M., Alappuzha to keep all further proceedings in abeyance, pursuant to the steps taken by the respondents, presumably invoking the power under Section 14 of the SARFAESI Act. In other words, the petitioners do not have a case that Ext.P1 judgment has been got varied in any manner, by filing either a Writ Appeal or a Review Petition, nor do the petitioners have a case that they have approached this Court by filing any petition for enlargement of time. 3. The learned counsel appearing for the petitioners submits that the present Writ Petition has been filed under 'Article 227' of the Constitution of India, i.e., in exercise of the W.P.(C) No. 15263 OF 2009 3 supervisory jurisdiction over the subordinate courts. Absolutely no material has been put forth or any tenable ground has been incorporated to sustain such submission; equally or more so, when no instance is pointed out where the Court below has gone wrong in exercise of the jurisdiction vested upon such Court. That apart, in the Writ Petition, though it was originally shown as filed under 'Article 227' of the Constitution of India, it has been subsequently corrected as having filed under 'Article 226'. The idea and understanding of the petitioners as to the scope of jurisdiction under the relevant provisions of law, is thoroughly wrong and misconceived. This Court does not find any grounds for interference. Accordingly, it is dismissed. P.R. RAMACHANDRA MENON, JUDGE. lk