IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 15TH JANUARY 2008 / 25TH POUSHA 1929 WP(C).No. 1718 of 2008(D) ------------------------------------ PETITIONER: ----------------- T.A.AYOOB, S/O.LATE ABDUL RAHIMAN, THERUVATHAKATH VEEDU, KANJIRAKKADU POST, OTTAPALAM. BY ADV. SRI.E.R.VENKATESWARAN SRI.R.SREEHARI RESPONDENTS: ----------------------- M/S.SREELAKSHMI KURIES & LOANS (P) LTD., PALAKKAD BY ITS MG.DIRECTOR P.V.SUDHAKARAN. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 1718 OF 2008 = = = = = = = = = = = = = = = Dated this the 15th day of January, 2008. J U D G M E N T This writ petition is filed challenging the order of the Munsiff, Ottapalam in E.P.146/07 in O.S.201/04 whereby issuance of arrest warrant is ordered against the first respondent namely the writ petitioner herein. It is seen from the file that the writ petitioner has filed a petition on 28.10.07 whereby he has pleaded no means. The learned counsel in fairness submits before me that there was a request to give time for payment but as he could not pay the amount the Court ordered warrant of arrest. It is against that decision the present writ petition is filed. 2. The Court below has not considered the question of means which is a pre-requisite before ordering arrest warrant. It is also seen from the records in the writ petition that in an another E.P. the property belonging to the writ petitioner has been attached in execution of the decree for W.P.C 1718 OF 2008 -:2:- sale of the property. So the question of realisable asset available with the judgment debtor also is a matter that has to be considered by the Court before issuing arrest warrant. Therefore the order under challenge is set aside and the matter is remitted back to the executing Court for fresh consideration in accordance with law in the light of the objections filed by the writ petitioner before the Court below. The Court may also consider after hearing the decree holder whether he can be provided some instalment facility for making the payment. Till a new decision is taken the order of arrest warrant shall not be executed. Since I am disposing of the matter at the admission stage itself, the Court below shall fix a date of appearance on the date when the judgment debtor appears in pursuance of this order and then give notice to the decree holder and dispose of the matter in accordance with law. The judgment debtor is directed to appear before the Court below on 15.2.2008. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-