IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 WP(C).No. 5430 of 2008(U) ------------------------- DRC.2316/2007 of DEBT RECOVERY TRIBUNAL, ERNAKULAM .................... PETITIONER: ------------ LILLY, W/O. C.D.JOSE, KUNNATHOOR HOUSE, PUTHANVELIKKARA VILLAGE, PARAVOOR TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.JOHNSON MANAYANI SRIJESTIN MATHEW SRI.PIUS K NEDUMGATTU RESPONDENTS: ------------- 1. THE RECOVERY OFFICER, DEBTS RECOVERY TRIBUNAL, 8TH FLOOR, K.S.H.B., PANAMPILLY NAGAR, COCHIN-682 036. 2. THE DEBT RECOVERY TRIBUNAL, 8TH FLOOR, K.S.H.B., PANAMPILLY NAGAR, COCHIN-682 036. 3. M/S. IND ROYAL INNOVATIONS, ENARAC APARTMENTS, MARAR ROAD, THRISSUR, REP. BY ITS MANAGING PARTNER. 4. CATHOLIC SYRIAN BANK LTD., WEST FORT BRANCH, THRISSUR, REP. BY ITS MANAGER. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.5430 OF 2008 ------------------------------------------- Dated this the 15th day of February, 2008 JUDGMENT The petitioner claims that she was quite surprised by the proceedings initiated against her property covered by Ext.P1. According to her, she has nothing to do with the loan transaction that has resulted in the recovery certificate issued by the DRT, which led to the listing of her property to sale as per Ext.P4. Her assertion that the property covered by Ext.P4 belongs exclusively to her is a matter that she can agitate before the recovery officer by instituting appropriate claim petition in accordance with law. In view of the availability of such alternate efficacious remedy, this writ petition is dismissed without prejudice. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.