IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 12TH NOVEMBER 2008 / 21ST KARTHIKA 1930 WP(C).No. 33416 of 2008(C) -------------------------- PETITIONER(S): --------------- CHEKKAMADATH SHAFI, S/O.KUTTY BAVA HAJI, CHEKKUMADATH HOUSE, TANUR, OTTUMPURAM, MALAPPURAM. BY ADV. SRIC.M.MOHAMMED IQUABAL RESPONDENT(S): --------------- 1. THE STATE BANK OF TRAVANCORE, REPRESENTED BY ITS BRANCH MANAGER, TANUR BRANCH, MALAPPURAM DISTRICT. 2. THE AUTHORISED OFFICER, CHIEF MANAGER (ADVANCES), STATE BANK OF TRAVANCORE, REGION III, ZONAL OFFICE, KOZHIKODE. 3. C.M.NAZAR, S/O.ALI MUHAMMED, CHEKKAMADATH HOUSE, POST TANUR, TIRUR TALUK, MALAPPURAM DISTRICT. R1, R2 BY ADV.SRI.SAJI VARGHESE, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.33416 OF 2008 ------------------------------------------- Dated this the 12th day of November, 2008 JUDGMENT Petitioner's father availed a loan from the first respondent. He then approached this Court by filing Ext.P2 writ petition, contending that he is a fisherman and is entitled to the benefit of moratorium declared by the Government. This Court upheld the stand of the bank that he cannot claim to be a fisherman since he is a dealer in dry fish. Yet, this Court granted certain directions, which provided the petitioner in Ext.P2 case to pay off the outstandings in instalments. No amount was paid following that judgment dated 22.4.2008. The said judgment also contains a default clause in favour of the bank. On the face of that, even if Exts.P3 and P4 are to be acted upon, no further orders could be granted in this writ petition filed by the son of the petitioner in Ext.P2 case. The finality of Ext.P2 cannot be re-opened in this writ petition. This writ petition is, hence, dismissed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.