IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 4TH MARCH 2009 / 13TH PHALGUNA 1930 WP(C).No. 6566 of 2009(M) ------------------------- PETITIONER(S): --------------- SOJA ANTO, W/O.LATE V.A.ANTONY @ ANTO, KNNANPUZHA HOUSE, THRIKKUMARAKUDAM COLONY, AYYANTHOL P.O., THRISSUR. BY ADV. SRI.BIJU BALAKRISHNAN RESPONDENT(S): --------------- 1. THE UNION BANK OF INDIA, ANGAMALY BRANCH, REPRESENTED BY ITS MANAGER. 2. M.K.K.MOHANAN, S/O.KRISHNAN, KARAYETHU HOUSE, PANANCHERY, PATTIKADU, THRISSUR. 3. P.D.JAISON, S/O.DEVASSY, PALIYAKKARA HOUSE, CHIYYARAM P.O., THRISSUR. BY SC SRI A S P KURUP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B RADHAKRISHNAN, J ........................................... WP(C).NO. 6566 OF 2009 ............................................ DATED THIS THE 4TH DAY OF MARCH, 2009 JUDGMENT The petitioner is one among the three legal representatives of Anto, a co-obligant along with the third respondent. An item of property of Anto was sold pursuant to Ext.P2. The petitioner, Anto's widow, states that she has two minor children and that she was totally unaware of the sale proceedings until the second respondent, auction purchaser, gave her a copy of Ext.P2 proclammation on 25.2.2009, as part of his attempt to demarcate the property. Ext.P2 is dated 4.9.2008. Petitioner has adequate remedy before the Presiding Officer of Debt Recovery Tribunal to challenge the sale, including the opportunity to challenge the order fixing the matter for sale. She will also be entitled to seek such relief after obtaining copy of the order of the Recovery Officer listing the matter for sale. With such remedies being available and because third party rights have intervened, I do not deem it appropriate for this court to interfere in the matter. Writ petition is hence dismissed, without WP(C) 6566/2009 2 prejudice to what is stated above. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/6/3