IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 WA.No. 679 of 2009 -------------------------------- AGAINST THE JUDGEMENT IN WPC.3252/2009 Dated 30/01/2009 .................... APPELLANT/PETITIONER: ------------------------------------- P.VEERAN, S/O.KUNHEEN, PAROTTIL HOUSE, P.O.KADUNGAPURAM, PUZHAKKATTIRI VILLAGE, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.K.MUHAMMED SALAHUDHEEN RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. THE GENERAL MANAGER (AUTHORISED OFFICER) SOUTH MALABAR GRAMIN BANK, MALAPPURAM. 2. THE MANAGER, SOUTH MALABAR GRAMIN BANK, PUZHAKATTIRI BRANCH, POST PUZHAKATTIRI, MALAPPURAM DISTRICT. BY STANDING COUNSEL, SRI.DEVAN RAMACHANDRAN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 07/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & Kurian Joseph, J. ------------------------------------------ W.A No. 679 of 2009 ------------------------------------------ Dated, this the 7th day of April, 2009 JUDGMENT Kurian Joseph, J. Appellant is the petitioner in the writ petition. He approached this Court aggrieved by the recovery steps initiated by the respondent Bank. Though it was submitted before the learned Single Judge that the petitioner did not intend to pursue his grievance before the Debts Recovery Tribunal, learned counsel for the appellant/petitioner now prays for an opportunity to approach the Debts Recovery Tribunal itself since the disputed questions have to be gone into which in the normal course this Court may not consider. 2. Having heard learned counsel for the appellant, we are of the view that the appellant/petitioner should be given an opportunity to approach the Debts Recovery Tribunal. Therefore, the prayer of the appellant for withdrawal of the writ petition itself with liberty to approach the Debts Recovery Tribunal is to be W.A. No.679 of 2009 - 2 - considered. 3. Accordingly, we set aside the judgment of the learned Single Judge and dismiss the writ petition as withdrawn. It will be open to the appellant/petitioner to approach the Debts Recovery Tribunal. In order to work out his relief as above, coercive steps for recovery will be deferred for a period of two weeks from today. Writ appeal is disposed of as above. S.R.Bannurmath, Chief Justice Kurian Joseph, Judge vns