IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 19TH JANUARY 2009 / 29TH POUSHA 1930 WP(C).No. 38032 of 2008(C) ------------------------------------ PETITIONER: ------------------ CHELLA SWAMI, AGED 49 YEARS, S/O.CHELLAPPAN, THENGUVILA VEEDU, KONAM, KUZHITHURA.PO, KANYAKUMARI DISTRICT. BY ADV. SRI.T.N.SURESH SRI.ROY THOMAS RESPONDENTS: ----------------------- 1. STATE OF KERALA,REPRESENTED BY THE SECRETARY, THIRUVANANTHAPURAM. 2. THE MANAGER, H.D.F.C, P.B.NO.2288, VAZHUTHACAUD, THIRUVANANTHAPURAM. 3. SREEKUMARAN NAIR.M.S, AUTHORISED OFFICER H.D.F.C, VAZHUTHACAUD,THIRUVANANTHAPURAM. *4. SUJATHA, AGED.43 YEARS, W/O THIRUCHELLASWAMY, THENGUVILA VEEDU, KONAMKUZHITHARA P.O., KANYAKUMARI (Impleaded as 4th respondent as per order dt. 19.1.2008 in I.A. 623 of 2009) R1 BY GOVT. PLEADER K.C. SANTHOSHKUMAR, R2 & R3 BY ADV. SRI.K.K.CHANDRAN PILLAI, SC, HDFC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C) No. 38032 OF 2008 ~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 19th day of January, 2009 JUDGMENT Petitioner challenges SARFAESI Act proceedings. He had already obtained Ext.P2 judgment, granting him an installment facility. That became final. I do not find any ground to entertain a fresh writ petition relating to the same transaction. Hence, without prejudice to the right of the petitioner, if any, on the basis of Ext.P2 judgment, this writ petition is dismissed. (THOTTATHIL B. RADHAKRISHNAN, JUDGE) KMD