IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 1ST NOVEMBER 2010 / 10TH KARTHIKA 1932 WP(C).No. 24439 of 2010(D) -------------------------------------- PETITIONER(S): ----------------------- RINTO P.D., POTTATHUPARAMBIL HOUSE, MUTTITHADY P.O., ALAKAPPA NAGAR (VIA), KALLUR, THRISSUR DISTRICT. BY ADV. SRI.V.G.ARUN, SRI.T.R.HARIKUMAR. RESPONDENT(S): -------------------------- 1. THRISSUR DISTRICT CO-OPERATIVE BANK, THRISSUR DISTRICT, PIN-680 001, REP. BY ITS GENERAL MANAGER. 2. THE SPECIAL SALE OFFICER (ASSISTANT REGISTRAR), THRISSUR DISTRICT CO-OPERATIVE BANK, THRISSUR DISTRICT, PIN-680 001. 3. THE JOINT REGISTRAR OF (GENERAL) CO-OPERATIVE SOCIETIES, THRISSUR DISTRICT, PIN-680 001. 4. JOHNY, S/O.RAPPAI, THALIKKULAM HOUSE, KALLUR VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN-680 317. R2 & R3 BY GOVT. PLEADER MR.K.C. SANTHOSH KUMAR. R1 BY ADV. SRI.P.C.SASIDHARAN, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs C.T.RAVIKUMAR, J. --------------------------------------- W.P(C)No.24439 of 2010 ---------------------------------------- Dated 1st November, 2010 JUDGMENT The petitioner has advanced a personal loan of an amount of Rs.3,18,000/- to the fourth respondent on the strength of a promissory note executed by him. However, the fourth respondent has not repaid the amount. Therefore, for realization of money the petitioner has already filed an indigent O.P. before the Sub Court, Irinjalakkuda which is presently numbered as P.O.P.No.7 of 2010. The fourth respondent had earlier availed loans from the first respondent bank and the immovable property belonging to him was offered as collateral security. Failure to effect repayment towards the said loan account made the first respondent bank to initiate arbitration proceedings. The bank has already obtained an award in ARC Nos.277 and 279 of 2007. In the said circumstances, the petitioner has preferred a claim petition before the third respondent. This writ petition has been filed on being aggrieved by the delay in the matter of disposal of the said claim petition. A statement has been filed in this writ petition. Along with the statement the order passed on the claim petition filed by the petitioner has been produced as Annexure R1(a). In view of Ext.R1(a) nothing survives for consideration in this writ petition. Evidently, the petitioner WP(C).No.24439/2010 2 has to challenge Ext.R1(a) in appropriate proceedings to redress the grievances against Annexure R1(a) as the order therein went against him. Therefore, this writ petition is disposed of granting liberty to the petitioner to challenge the order in Annexure R1(a) in appropriate proceedings in accordance with law. C.T.RAVIKUMAR Judge TKS