IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 WA.No. 344 of 2009() -------------------- AGAINST THE JUDGEMENT IN WPC.35944/2008 Dated 23/12/2008 .................... APPELLANT(S): -------------- K.H.ABDUL MAJEED, AGED 44, S/O.HASSAN, ELLICKAL HOUSE, PATHADIPPALAM, CHANGAMPUZHA NAGAR, ERNAKULAM, KOCHI - 33. BY ADV. SRI.N.K.MOHANLAL RESPONDENT(S): --------------- 1.UCO BANK, REP. BY ITS CHIEF MANAGER, M.G.ROAD, ERNAKULAM. 2.THE AUTHORISED OFFICER, UCO BANK, M.G.ROAD, ERNAKULAM. 3.K.H.MUHAMMED ALI, ELLICKAL HOUSE, PATHADIPALAM, CHANGAMPUZHA NAGAR, KOCHI - 33. ADV. SRI.P.B.SAHASRANAMAN FOR R1 & 2 SRI.K.JAGADEESH FOR R1 & 2 SRI.T.S.HARIKUMAR FOR R1 & 2 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.BANNURMATH, C.J. & KURIAN JOSEPH, J. ---------------------------------------------- W.A. No.344 of 2009 ---------------------------------------------- Dated 8th April, 2009. J U D G M E N T Kurian Joseph, J. Appellant is the writ petitioner. He is aggrieved by the steps taken by the Bank for sale of his property. According to him, a portion of the property would be sufficient to liquidate the dues to the Bank and hence it is not necessary to proceed against the entire property. These are matters for the petitioner to bring to the notice of the Bank itself, so that the Bank will be in a position to consider the same. We find that the learned Single Judge has given that opportunity to the appellant/petitioner to approach the Bank. Therefore, we dismiss the Writ Appeal without prejudice to the liberty to the appellant to approach the Bank itself, highlighting his grievance regarding sale of a portion of his property, in which case, the matter will be considered by the Bank. We make it clear that if any such representation is filed within two weeks from today, the Bank will pass appropriate WA NO.344/09 2 orders on the representation, within another two weeks. Till orders are passed as above, the recovery proceedings will be deferred. S.R.BANNURMATH, Chief Justice. KURIAN JOSEPH, Judge. tgs S.R.BANNURMATH, C. J. & KURIAN JOSEPH, J. ---------------------------------------------- W.A. No.344 of 2009 ---------------------------------------------- J U D G M E N T Dated 8th April, 2009.