IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 28TH MAY 2009 / 7TH JYAISHTA 1931 WP(C).No. 1283 of 2009(C) ------------------------- PETITIONER: ------------------- T.M.ASHRAF,AGED 39 YEARS,S/O.SAINABA, THEKKUMKUDIYIL HOUSE,PERINGALA.P.O. BY ADV. SRI.ZAKEER HUSSAIN ADV. SMT.K.A.SANJEETHA RESPONDENTS: ------------------------ 1. THE AUTHORISED OFFICER,CENTURION BANK OF PUNJAB LTD, ERNAKULAM BRANCH, NOW HDFC BANK. 2. CENTURION BANK OF PUBJAB LTD,ERNAKULAM BRANCH, NOW HDFC BANK,REP. BY ITS LEGAL MANAGER. 3. M/S.PAINAYIL AGENCIES,REP.BY MANAGING PARTNER SHAFEEK K.KADER, MARKET.P.O,MUVATTUPUZHA, ERNAKULAM DISTRICT,PIN-686 673. 4. SHAFEEK.K.KADER, MANAGING PARTNER, M/S.PAINAYIL AGENCIES, MARKET.P.O,MUVATTUPUZHA, ERNAKULAM DISTRICT,PIN-68667.NOW RESIDING AT "AYSHAS",22 OLD DESOM ROAD,THOTTAKKATTUKARA.P.O, ALUVA-683 103. 5. P.P.ABDUL SALAM, PARTNER M/S.PAINAYIL AGENCIES,AZAD ROAD,MARKET.P.O, MUVATTUPUZHA, ERNAKULAM DISTRICT,KERALA,PIN-686673, NOW RESIDING AT VI/07, PAINAYIL AGENCIES, AZAD ROAD,MARKET.P.O, MUVATTUPUZHA, ERNAKULAM DISTRICT,KERALA, PIN-686673. R1 AND R2 BY ADV. MR. .T. RAJESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 1283 of 2009(C) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE SALE DEED NO. 1649 OF 2005 DATED 05.03.2005 OF PUTHERNCRUZ SUB REGISTRY OFFICE. EXT.P2: TRUE COPY OF THE DOCUMENT NO.2459 OF 1963 OF KUNNATHUNADU SUB REGISTRY OFFICE. EXT.P3: TRUE COPY OF THE TAX RECEIPT DATED 08/01/2009 ISSUED BY THE KUNNATHUNADU PANCHAYAT. EXT.P4: THE COPY OF THE DEMAND NOTICE DATED 08/04/2008 ISSUED BY THE 1ST RESPONDENT TO THE RESPONDENTS 3 TO 7. EXT.P5: TRUE COPY OF THE SKETCH OF THE MORTGAGED PROPERTY PREPARED BY THE VILLAGE OFFICE, KUNNATHUNADU. EXT.P6: TRUE COPY OF THE POSSESSION CERTIFICATE DATED 11/07/2007 ISSUED BY THE VILLAGE OFFICE, KUNNATHUNADU VILLAGE. EXT.P7: TRUE COPY OF THE TAX RECEIPT DATED 06/07/2007 ISSUED BY THE VILLAGE OFFICER KUNNATHUNADU VILLAGE. /TRUE COPY/ P.S. TO JUDGE. P.R. RAMACHANDRA MENON, J. ........................................................................ W.P.(C) No. 1283 OF 2009 ......................................................................... Dated this the 28th May, 2009 J U D G M E N T The learned counsel appearing on behalf of the respondents No.1 and 2 fairly concedes that the steps taken to proceed against the property of the petitioner was only because of an inadvertent mistake and that they do not intend to proceed against the property of the petitioner any further and would proceed against the properties belonging to the concerned respondents in the Writ Petition. In the above facts and circumstances, nothing further remains to be adjudicated in the present Writ Petition. Submission of the learned counsel for the respondents No.1 and 2 is recorded and the matter is disposed of. P.R. RAMACHANDRA MENON, JUDGE. lk