IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 20TH NOVEMBER 2009 / 29TH KARTHIKA 1931 WP(C).No. 4903 of 2009(H) ------------------------- PETITIONER(S): --------------- N. THANKAPPAN, AGED 61 YEARS, S/O. KANNAN, THALAKKOTTU PADINJATTATHIL, SAKTHIKULANGARA.P.O, KOLLAM. BY ADV. SRI.T.M.RAMAN KARTHA SRI.S.SUNIL NARAYANAN RESPONDENT(S): --------------- 1. COASTAL URBAN CO-OPERATIVE BANK LTD. NO. 3036, KOLLAM REPRESENTATION BY ITS SECRETARY. 2. SPECIAL SALES OFFICER, COASTAL URBAN CO-OPERATIVE BANK LTD.NO.3036, KOLLAM. 3. THE SECRETARY, COASTAL URBAN CO-OPERATIVE BANK LTD. NO. 3036, KOLLAM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 4903 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 20th November, 2009. J U D G M E N T The petitioner submits that the petitioner has paid process today. But, on 9-11-2009, I had already passed the following order: “Counsel for the petitioner promises to pay process within three days. If the petitioner does not pay process within three days, the writ petition would stand dismissed for non- prosecution.” That being so, since the petitioner had not paid the process within the time stipulated, the order has already taken effect. In such circumstances, the remedy of the petitioner lies in filing an application to set aside the order dismissing the writ petition for non- prosecution. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.