IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 22ND FEBRUARY 2010 / 3RD PHALGUNA 1931 WP(C).No. 5658 of 2010(F) -------------------------------------- PETITIONER(S): ------------------------ 1. P.N.RAJAN,S/O.NARAYANAN EZHUTHACHAN, PALAPARAMBIL,SREERAGAM,SOUHRIDYA NAGAR, VADAKKANCHERRY VILLAGE,THALAPILLY TALUK. 2. A.M.BABY,S/O.MANI,AKKARAPATTI,PARUTHIPRA DESOM,EKKAKKAD,THALAPPILLY TALUK. BY ADVS. MR.PHILIP T.VARGHESE, MR.THOMAS T.VARGHESE. RESPONDENT(S): ---------------------------- 1. KERALA STATE CO-OPERATIVE BANK LIMITED, THRISSUR BRANCH,IMMATTI TOWERS,ST.THOMAS COLLEGE ROAD,THRISSUR-680 005,REPRESENTED BY ITS BRANCH MANAGER,THRISSUR. 2. JOSE,S/O.OUSEPH,ALAPPATT PONNAKKAL, LALLUR DESOM,ARANATTUKARA VILLAGE, ARANATTUKARA.P.O,THRISSUR. 3. REJISH,S/O.RAMAN UNNI,KARIMPANAVALAPPIL, NANNAKUNNU VILLAGE,PONNANI TALUK,P.O.PONNANI. 4. RAMESH BABU,S/O.NARAYANAN NAIR, VADAKKETHIL,AMMAYUR AMSOM DESOM, KOPPAM VILLAGE,OTTAPALAM TALUK.PO.KOPPAM. R1 BY ADV. MR.NAGARAJ NARAYANAN,SC,K.S.CO-OP BANK LTD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No.5658 of 2010 ---------------------------- Dated this the 22nd day of February, 2010. J U D G M E N T The petitioners have approached this Court seeking for issuance of a Writ of Mandamus directing the first respondent to give notice to the petitioners regarding the proposed auction in respect of 24 cents of land comprised in Survey No.1233 of Vadakkanchery Village and permit them to participate in the public auction. 2. The case of the petitioners as put forth in this Writ Petition is that they have already purchased a land lying very close to the property in question and unless and until the petitioners are permitted to participate in the public auction, the property now owned and possessed by them can't be effectively utilized. 3. On going by the admitted pleadings, it is very much evident that the petitioners are only strangers and the property intended to be proceeded against by the first respondent bank is a property in respect of which security interest has been created by the owner of the property, in connection with the loan transaction. W.P(C) No.5658 of 2010 2 That apart, the relief sought for is to permit the petitioners to participate in the public auction. Obviously, no such permission is required and any prospective purchaser is entitled to take part in the public auction as and when the sale of the concerned property is notified by the first respondent. In the above circumstances, interference is declined and the Writ Petition is dismissed; however, making it clear that the petitioner is at liberty to participate in the public auction as and when the property is proposed and notified for sale. Sd/- P.R.RAMACHANDRA MENON JUDGE //True Copy// P.A to Judge ab