IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 1ST APRIL 2008 / 12TH CHAITHRA 1930 WP(C).No. 1669 of 2008(W) ------------------------------------- PETITIONER: ------------------ RAJAN THAMBI, S/O. KUNJU PILLAI, SHEELA NIVAS, NEAR B.H.S., ATTINGAL P.O., ATTINGAL, THIRUVANANTHAPURAM. BY ADV. SRI.M.TRIPTEN RESPONDENTS: ---------------------- 1. AUTHORISED OFFICER, THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK HEAD OFFICE, THIRUVANANTHAPURAM. 2. THE MANAGER, DISTRICT CO-OPERATIVE BANK LTD., NEAR K.S.R.T.C., ATTINGAL. 3. C.PRADEEP, M.V.HOUSE, L.M.S.JUNCTION, AVANAVANCHERY, ATTINGAL P.O., ATTINGAL, THIRUVANANTHAPURAM. R3 BY ADV. SRI.BABY JOSEPH(B.JOSE) R1 AND R2 BY ADV. SRI. V.G. ARUN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/04/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO: 1669/2008 APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE MAHAZAR DT. 28/12/2007. EXT.P2. COPY OF THE INTIMATION LETTER ISSUED BY THE R1 DT. 28/12/2007. EXT.P3. COPY OF THE OBJECTION DT. 2/1/2008 SUBMITTED BY PETITIONER BEFORE THE RESPONDENT BANK. EXT.P4. COPY OF THE TREATMENT RECORDS OF THE PETITIONER. EXT.P5. COPY OF THE TREATMENT RECORDS OF PETITIONER'S SON. EXT.P6. COPY OF THE TREATMENT RECORDS OF THE PETITIONER'S WIFE. RESPONDENT'S EXHIBITS EXT.R3A. COPY OF THE NOTICE DT. 28/12/2007 ISSUED BY THE RESPONDENT BANK. True copy tga THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P.C.No.1669 of 2008 ------------------------------------------- Dated this the 1st day of April, 2008 JUDGMENT The third respondent availed a loan from the second respondent. According to the petitioner he is only a guarantor. The third respondent has filed counter affidavit stating that the loan was availed and passed on to the petitioner. 2. The petitioner and the third respondent accuse each other as regards utlisation of the loan amount. What ever that be, the bank is entitled to the amounts. Hence, no direction is called for. The writ petition fails and is hence dismissed. THOTTATHIL B.RADHAKRISHNAN, JUDGE csl