IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 1ST APRIL 2009 / 11TH CHAITHRA 1931 WP(C).No. 32419 of 2006(H) -------------------------------- PETITIONERS: ---------------- 1. K.T. PRASAD, AGED 47, S/O. THOMAS, KANJIRATHINGAL HOUSE, THIRUVENKIDOM, GURUVAYOOR, THRISSUR DISTRICT. 2. SARA BLAZ, AGED 50, W/O. A.R. BLAS, EAST NADA, GURUVAYOOR, THRISSUR DISTRICT. 3. P.S. SUNIL, AGED 40, SEKHARAN, SREEKRISHNA GIFT HOUSE, EAST NADA, GURUVAYOOR, THRISSUR DISTRICT. 4. SURENDRAN, AGED 49, S/O. LATE APPUKUTTY, MARAKATH HOUSE, WEST NADA, GURUVAYOOR, THRISSUR DISTRICT. 5. V.P. KURIAKOSE, AGED 57, S/O. PORINCHU, VAKAYIL HOUSE, GURUVAYOOR, THRISSUR DISTRICT. 6. G. KUMAR, AGED 51, S/O. T.K.G. MENON, PATTATH HOUSE, 7/-C, 7TH FLOOR, SAKTHAN MENON APARTMENTS, GURUVAYOOR, THRISSUR DT. 7. T.K. SEBASTINE, AGED 58, S/O. KURIAKU, THAIKADAN HOUSE, POST GURUVAYOOR, THIRUVENKIDOM, THRISSUR DISTRICT. BY MR.G.SREEKUMAR (CHELUR), ADVOCATE. RESPONDENTS: ------------------ 1. THE INDIAN BANK, GURUVAYOOR BRANCH, REP. BY ITS BRANCH MANAGER, GURUVAYOOR P.O., THRISSUR DISTRICT. WP(C).No. 32419/2006 ...2... 2. THE DISTRICT COLLECTOR, HAVING OFFICE AT COLLECTORATE, AYYANTHOLE, THRISSUR DISTRICT. 3. P.N. KRISHNAKUMAR, 177, HILL GARDEN, KUTTANELLUR, THRISSUR-680 014. BYMR.S.EASWARAN, ADVOCATE, FOR R1. MR.C.S.MANU, ADVOCATE, FOR R3. MR. V. TEKCHAND, ADVOCATE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. ----------------------------------------- W.P.(C) No.32419 OF 2006 ----------------------------------------- Dated this the 1st day of April, 2009. J U D G M E N T The petitioners are tenants in the shop rooms forming part of the building belonging to the 3rd respondent who happened to be a defaulter to the respondent-Bank. The Bank initiated steps against the 3rd respondent under the ' SARFAESI Act' which is challenged by the petitioners projecting their rights and liberties as the tenants' and also stating that they are prepared to clear the liability; which made this Court to pass an interim order in their favour. 2. Learned counsel for the respondent-Bank submits that in the course of events, the properties were subjected to auction sale and that the petitioners bid the property in auction, satisfying the liability towards the Bank. As such, nothing remains to be considered in the writ petition which is accordingly closed, recording the above submission. P.R. RAMACHANDRA MENON JUDGE smp W.P.(C) No.32419/2006 2 P.R. RAMACHANDRA MENON, J. W.P.(C) No.32419/2006 3 W.P.(C) No.32419 OF 2006 J U D G M E N T 01.04.2009