IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 25TH FEBRUARY 2008 / 6TH PHALGUNA 1929 WP(C).No. 5615 of 2008(R) ------------------------------------- AGAINST THE ORDER DATED / / IN IA 507/2007 IN AS.87/2007 of D.C. & SESSIONS COURT,KOLLAM .................... PETITIONER: -------------------- KRISHNA PANICKER RAJAN, THOTTATHIL VAYALIL PURAYIDOM, VADAKKUMBHAGOM CHERRY, NOW RESIDING AT RADHIKA BHAVAN ANDAMUKKAM WARD, KOLLAM DISTRICT. BY ADV. SRI.B.KRISHNA MANI SMT.M.R.ANUPAMA RESPONDENTS: ----------------------- 1. THE INDIAN BANK,REPRESENTED BY ITS BRANCH MANAGER, MAIN BRACH,MAIN ROAD, KOLLAM. 2. THE RECOVERY OFFICER THE DEBTS RECOVERY TRIBUNAL (KERALA & LAKSHADWEEP) 8TH FLOOR,K.S.H.B.BUILDING,PANAMPILLY NAGAR ERNAKULAM. BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR SRI.S.SREEKUMAR - SC INDIAN BANK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. --------------------------- W.P.(C) No.5615 OF 2008 -------------------------- Dated this the 25th day of February, 2008 J U D G M E N T ~~~~~~~~~~~ The learned District Judge, Kollam has brought to my notice the mistake that has crept in the matter. As per my judgment dated 18.2.2008 in W.P.(C) No.5615/2008 I directed the District Judge, Kollam to consider and dispose of I.A.No.507/2007 in A.S.No.84/2007 on or before 27.2.2008 and directed the matter to be communicated to the District Judge. The learned District Judge had informed me by his letter dated 21.2.2008 that he has passed an order in I.A.No.507/2007 as early as on 31.1.2008 which reads as follows: “Any action taken by R6 and R7 will be subject to the orders in the appeal”. So a decision is taken by the District Judge and therefore a further direction to take a decision cannot be done by this court and therefore I recall the judgment in W.P.(C) No.5615/2008 and close the writ petition. Send a copy of this judgment to District Judge, Kollam. (M.N.KRISHNAN, JUDGE) ps