IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 21ST OCTOBER 2010 / 29TH ASWINA 1932 WP(C).No. 36392 of 2009(T) -------------------------- ( CMP.4999/2009 of C.J.M.,TRIVANDRUM) .................... PETITIONER: ------------------- KURIEN E.KALATHIL,AGED 60 YEARS, S/O.LATE V.K.EAPEN,T.C.14/1004,VAZHUTHACAUD, THIRUVANANTHAPURAM-695 010. BY ADVS. SRI.A.V.THOMAS SRI.JOJO GEORGE SRI.NIDHI SAM JOHN RESPONDENTS: --------------------- 1. GOVERNMENT OF KERALA,REPRESENTED BY SECRETARY TO GOVERNMENT,FOREST DEPARTMENT, THIRUVANANTHAPURAM. 2. THE FEDERAL BANK LIMITED,NANTHANCODE BRANCH, DEVASWOM BOARD JUNCTION,NANTHANCODE, KOWDIAR(P.O),THIRUVANANTHAPURAM-695 003, REP; BY THE AUTHORISED OFFICER. ADDL.R3 IMPLEADED ADDL.R3. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM; IS IMPLEADED AS ADDL. 3RD RESPONDENT AS PER ORDER DT. 3.8.10 IN IA.10541/10 R1 BY GOVERNMENT PLEADER, BEJOY CHANDRAN SRI.M.P.PRAKASH, SPECIAL GOVT. PLEAER, FOREST R2 BY ADV. SRI.GEORGE VARGHESE R3 BY SRI.P.P.THAJUDEEN, SC, SRI.C.K.KARUNAKARAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK C. K. ABDUL REHIM, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= W.P.(C) No. 36392 of 2009 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 21st day of October, 2010 JUDGMENT By virtue of interim order dated 31-8-2010, the 2nd respondent was permitted to proceed with steps for sale of the residential flat, which was taken into custody in the proceedings initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. 2. Learned counsel for the petitioner submitted that since challenge in this writ petition was limited only against proceedings initiated against the residential flat, the matter has now become infructuous. 2. Under the above circumstances, the writ petition is dismissed as infructuous without prejudice to rights if any available to the petitioner under law to challenge any subsequent proceedings. C. K. ABDUL REHIM, JUDGE. mn.