IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 24TH JUNE 2010 / 3RD ASHADHA 1932 WP(C).No. 4239 of 2005(D) ------------------------- PETITIONER: --------------- N.RAMANKUTTY NAIR, NOW RESIDING AT "SHYLAM", NO.30, ARADHANA NAGAR, KOLLAM-19. BY ADV. SRI.T.M.CHANDRAN RESPONDENTS: --------------- 1. BANK OF MADURA LTD., KOLLAM, NOW KNOWN AS ICICI BANK, MAIN BRANCH, KOLLAM. 2. THE HON'BLE DEBT RECOVERY TRIBUNAL, ERNAKULAM. 3. THE RECOVERY OFFICER, DEBT RECOVERY TRIBUNAL, ERNAKULAM. 4. MRS.G.PONNAMMA AMMA, PROPRIETRIX, DEVI CASHEW FACTORY, W/O. MADHAVAN PILLAI, DEVI VIHAR, PUTHUR, KOTTARAKKARA. 5. SUDHAMMA, D/O. G.PONNAMMA AMMA, DEVI VIHAR, PUTHUR, KOTTARAKKARA. 6. SHYAMALA, D/O. G.PONNAMMA AMMA, DEVI VIHAR, PUTHUR, KOTTARAKKARA. 7. SADANANDAN (DIED). 8. A.BHAMA, D/O. KESAVAN NAIR, LAL BHAVAN, KANNIMEL, PATTAZHI VILLAGE. 9. T.SARASWATHI, D/O. THANKAMMA, SANDHYA BHAVAN, KIZHAKKETHARAMURI, VELIYAM, KOTTARAKARA. 10. D.VILASINI, W/O. LATE SADANANDAN, MANJULA BHAVANAM, KADAMPANAD SOUTH, ADOOR. 11. MANJULA, D/O. LATE SADANANDAN, MANJULA BHAVANAM, KADAMPANAD SOUTH, ADOOR. 12. ANANDA RAJAN THAMBI, S/O.LATE SADANANDAN MANJULA BHAVANAM, KADAMPANAD SOUTH, ADOOR. 13. PREMEELA, D/O. LATE SADANANDAN, MANJULA BHAVANAM, KADAMPANAD SOUTH, ADOOR. ADV. SRI.BECHU KURIAN THOMAS FOR R4 SRI.P.GOPINATHAN FOR R1 SMT.GISA SUSAN THOMAS FOR R1 SRI.K.BALAKRISHNAN FOR R1 SRI.JOHN VARGHESE, ASSISTANT SG FOR R2,3 SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI FOR R2 & 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No.4239 of 2005-D ---------------------------- Dated this the 24th day of June, 2010. J U D G M E N T The petitioner has approached this Court, seeking for the following reliefs: “a) to issue a writ of Mandamus or any other appropriate writ or order directing the 3rd respondent to expedite the sale of the property mentioned in the decree in compliance with Ext.P1 Recovery Certificate in order to relise the decree amount. b) to issue a writ of Mandamus or any other appropriate writ or order directing the 3rd respondent not to take any action against the petitioner herein for realisation of the amount shown in P1 due to the 1st respondent. c) to pass appropriate orders as this Hon'ble Court deems fit. d) to allow the Writ Petition with cost.” 2. Urgent notice was ordered on 7.2.2005, despite which the steps were not completed. On noting the defect, 10 day's time was sought for to cure the defect, on 4.6.2010. In spite of this, steps have not been taken so far and hence it is posted before the Bench. 3. The learned counsel for the fourth respondent submits W.P(C) No.4239 of 2005-D 2 that the case projected by the petitioner in this Writ Petition is that, no coercive steps shall be pursued against the petitioner and that the due amounts, if any shall be got realized only from the fourth respondent. 4. The learned counsel for the petitioner submits that, in the course of subsequent developments the entire liability has been cleared by the fourth respondent and nothing further survives to be considered. In the above circumstances, this Court finds that no interference is warranted in the Writ Petition. Accordingly, the Writ Petition is closed. P.R.RAMACHANDRA MENON JUDGE ab