IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 WP(C).No. 10481 of 2006(W) --------------------------------------- PETITIONER: ------------------- PUNNATHALA SERVICE CO-OPERATIVE BANK NO.Q-491, PUNNATHALA, KOLLAM-12, REPRESENTED BY ITS SECRETARY, PADMAKSHY AMMA. BY ADV. SRI.P.B.SURESH KUMAR, ADV. SRI.K.P.SUJESHKUMAR. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KOLLAM. 3. THE TAHSILDAR, REVENUE RECOVERY, KOLLAM. 4. ADDITIONAL SALES TAX OFFICER, II CIRCLE, KOLLAM. 5. JAYALEKSHMI AMMA, PAZHANJIYIL VEETIL, KULANGARA CHERRY, MANAYIL, KOLLAM WEST VILLAGE, KOLLAM. 6. UDAYAKUMAR, CHENGANAD HOUSE, THIRUMULLAVARAM, KOLLAM WEST VILLAGE, KOLLAM. 7. PREETHA ALIAS PRIYA, PAZHANJIYIL VEETTIL, KULANGARA CHERRY, MANAYIL, KOLLAM WEST VILLAGE, KOLLAM. R1 TO R4 BY GOVERNMENT PLEADER SRI. NOBLE MATHEW, R6 & R7 BY ADV. SRI.S.U.NAZAR, ADV. SRI.MANSOOR.B.H, ADV. SRI.DEVAPRASANTH.P.J. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.10481 of 2006 ----------------------------------------- Dated this the 29th day of October, 2008 JUDGMENT Petitioner Society is aggrieved by the steps for sale of the property belonging to respondents 5 to 7. According to the petitioner Bank the disputed property is already mortgaged to the Bank as early as in 2000. But it has to be seen that the State has first charge over the said property in view of the decision reported in State of Kerala v. Rajmohan Cashew (P) Ltd.,2005 (2) KLT 131. The writ petition is accordingly dismissed. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.10481 of 2005 ----------------------------------- JUDGMENT 29th October, 2008