IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 29TH MARCH 2010 / 8TH CHAITHRA 1932 WP(C).No. 7099 of 2010(J) ------------------------------------- PETITIONER: ------------------- SHYLAJA KUMARI V., AGED 48, D/O. VISWAMBHARAN, RESIDING AT TC 11/1443, NANTHANCODE, KOWDIAR P.O., THIRUVANANTHAPURAM AND PROPRIETOR S.K.COMPUTERS, NANTHANCODE, THIRUVANANTHAPURAM. BY ADV. SRI.A.B.MOHANA KUMAR. RESPONDENTS: ------------------------ 1. THE DISTRICT COLLECTOR, COLLECTORATE, KUDAPPANAKKUNNU P.O., THIRUVANANTHAPURAM. 2. THE DEPUTY TAHSILDAR (R.R.), COLLECTORATE, KUDAPPANAKKUNNU P.O., THIRUVANANTHAPURAM. 3. THE MANAGER, CANARA BANK, CANTONMENT BRANCH, THIRUVANANTHAPURAM-1. 4. THE KERALA VYAPARI VYAVASAI EKOPANA SAMITHI, NANTHANCODE UNIT, REPRESENTED BY ITS PRESIDENT. R1 & R2 BY GOVERNMENT PLEADER SRI. BIJOY CHANDRAN, R3 BY ADVS. SRI.E.K.NANDAKUMAR, SRI.P.GOPINATHA MENON, SRI.A.K.JAYASANKAR NAMBIAR, SRI.K.JOHN MATHAI, SRI.P.BENNY THOMAS, SRI.S.RAMU. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No. 7099 of 2010-J ---------------------------- Dated this the 29th day of March, 2010. J U D G M E N T The petitioner is challenging the revenue recovery proceedings initiated against her allegedly in respect of loan transaction with the third respondent Bank. 2. The third respondent has filed a statement giving the facts and figures as to the liability involved and as the right of the Bank to realise the amount from the petitioner. 3. The learned Government Pleader appearing for the first and second respondent submits that the proceedings impugned in the Writ Petition are actually in respect of the amount liable to be paid by the petitioner to the State Bank of Travancore, Puthenchanthai Branch and not with regard to the liability to the third respondent Bank. The learned Government Pleader also submits with reference to the contents of the statement filed today that the proceedings pursuant to the requisition made by the third respondent Bank, are yet to be pursued against the petitioner. Since the proceedings now being pursued are at the instance of the State W.P(C) No. 7099 of 2010-J 2 Bank of Travancore and since the said Bank is not a party to this Writ Petition, the challenge raised by the petitioner referring to the loan transaction with the third respondent Bank does not appear to be correct or sustainable. 4. In the said circumstances, the learned counsel for the petitioner seeks for permission to withdraw the Writ Petition without prejudice to the right of the petitioner to challenge the coercive steps by raising proper pleadings and producing the proper documents, besides impleading the proper parties. Permission is granted. The Writ Petition is dismissed as withdrawn. Sd/- P.R.RAMACHANDRA MENON JUDGE //True Copy// P.A to Judge ab