IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 20TH DECEMBER 2010 / 29TH AGRAHAYANA 1932 WP(C).No. 3446 of 2008(I) ------------------------------------ PETITIONER: ------------------- SREEDHARAN NAIR, S/O.VELAYUDHAN, 16/1286, CHEMBAKASSERY (H), MUDAVANMUGHAL, POOJAPURA, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.SANTHAN V.NAIR. RESPONDENTS: ------------------------ 1. UNION OF INDIA, THE SECRETARY, MINISTRY OF FINANCE, NORTH BLOCK, NEW DELHI-110 001. 2. THE RECOVERY OFFICER, OFFICE OF THE RECOVERY OFFICER, DEBT RECOVERY TRIBUNAL, 8TH FLOOR, KSHB BUILDING, PANAMPALLY NAGAR, ERNAKULAM. 3. THE MANAGER, INDIAN BANK, SHANMUGHAM ROAD, ERNAKULAM. 4. M/S.BAINDS ASSOCIATES, FLAT NO.1-A3, SAMARIAS CENTER, P M G JUNCTION, THIRUVANANTHAPURAM, REPRESENTED BY ITS M.D.SRI.BASHEER M.PICHA. 5. BASHEER.M.PICHA, S/O.MOITHEEN PICHA, M M P BUILDINGS, CHITTIKONAM, THOLIKKODU, NEDUMANGADU, TRIVANDRUM. R1 BY SRI. T.P.M. IBRAHIM KHAN, A.S.G, R3 BY ADV. SRI.S.EASWARAN.S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/12/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 3446 of 2008 I ``````````````````````````````````````````````````````` Dated this the 20th day of December, 2010 J U D G M E N T Prayer sought in the writ petition is to direct the respondent not to evict the petitioner otherwise than in accordance with law. 2. Although it is the case of the Bank that the property is a mortgaged one and, therefore, they are entitled to take action in accordance with law for realising their dues, which right of the Bank cannot be disputed, it need only to clarify that any eviction of the petitioner will be in accordance with law. Writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) aks // True Copy // P.A. To Judge