IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 3RD AUGUST 2011 / 12TH SRAVANA 1933 WP(C).No. 24353 of 2010(T) ----------------------------------- OA.103/2000 of DEBT RECOVERY TRIBUNAL, ERNAKULAM .................... PETITIONER(S): -------------------- 1. MARIAKUTTY VARKEY,AGED 84 YEARS, D/O.VARKEY,PALAMATTOM HOUSE,PUTHUPARIYARAM.P.O, CHITTOOR,MANAKKAD VILLAGE,THODUPUZHA, IDUKKI DISTRICT. 2. KATHRIKUTTY VARKEY,AGED 74 YEARS, D/O.VARKEY,PALAMATTOM HOUSE,PUTHUPARIYARAM.P.O, CHITTOOR,MANAKKAD VILLAGE,THODUPUZHA, IDUKKI DISTRICT. BY ADVS. SRI.K.SURESH KURUP SRI.SURIN GEORGE IPE RESPONDENT(S): --------------------- 1. STATE BANK OF INDIA,SSI BRANCH, M.G.ROAD,KOCHI-11,REP.BY ITS MANAGER. 2. M/S.GENERAL BUSINESS MACHINES,L/965, MANIMALA ROAD,EDAPPALLY,KOCHI,REP.BY ITS MANAGER C.M.MATHEW,PIN-682024. 3. C.M.MATHEW,CHUREPPUZHA HOUSE, KADALIKKAD.P.O,VAZHAKULAM,MOOVATTUPUZHA, PIN-686 670. 4. BABU URMESE,PALATTY HOUSE,KARUKUTTY.PO, ANGAMALY,PIN-683 576. 5. SUBIN MATHEW,CHUREPUZHA,KADALIKKAD.P.O, VAZHAKULAM,MOOVATTUPUZHA,PIN-686670. svs .............2/-.... ....2.... WPC. NO.24353/2010 6. LISSY MATHEW,CHUREPUZHA HOUSE, KADALIKKAD.P.O,VAZHAKULAM,MOOVATTUPUZHA, PIN-686670. 7. ROSSAMMA MANI,W/O.LATE P.V.MANI, NO.51,PANJAVADY COLONY,AMBELIPADAM ROAD, VYTTILA.P.O,KOCHI-682016. 8. GEORGE P.MANI,W/O.LATE P.V.MANI, NO.51,PANJAVADY COLONY,AMBELIPADAM ROAD,VYTTILA.PO KOCHI-682016. 9. CYRIS P.MANI,S/O.LATE P.V.MANI,NO.51, PANJAVADY COLONY,AMBELIPADAM ROAD,VYTTILA.P.O, KOCHI-682016. 10. ELIZABETH FRANCIS,D/O.LATE P.V.MANI, NO.51,PANJAVADY COLONY,AMBELIPADAM ROAD, VYTTILA.P.O,KOCHI-682016. 11. ROSE MARY,W/O.JOSE ANTONY,NO.51, PANJAVADY COLONY,AMBELIPADAM ROAD,VYTTILA.P.O, KOCHI-682 016. * ADDL. R12 IMPLEADED 12. THOMAS VARGHESE, MURIKKUMMOOTTIL HOUSE, C-11, JAWAHAR NAGAR, THIRUVANANTHAPURAM - 01. * IS IMPLEADED ADDL. R12 AS PER ORDER DATED 10/11/10 IN I.A. NO.15378/2010. R1 BY ADV. SRI.P.V.SURENDRANATH R2,3,5 & 6 BY ADVS. SRI.K.S.HARIHARAPUTHRAN SRI.GEORGE MATHEW SRI.M.D.SASIKUMARAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 24353/2010 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE SETTLEMENT DEED NO.5041/1957 OF THODUPUZHA S.R.O. P2: COPY OF THE TAX RECEIPT NO.3656886 20/10/2009. P3: COPY OF THE DOCUMENT NO.2353/1967 OF S.R.O. THODUPUZHA. P4: COPY OF I.A. NO.501/2010 IN D.R.C.867/SBI-EKM IN O.A.NO.103/2000 DATED 03/02/2010. RESPONDENT'S EXHIBITS: R1(a):COPY OF THE RECOVERY CERTIFICATE DRC NO.867 IN O.A.1023/2000 ISSUED BY THE DEBT RECOVERY TRIBUNAL, ERNAKULAM DATED 18/06/2002. R1(b):COPY OF THE VALUATION CERTIFICATE WITH RESPECT TO THE ITEM OF PROPERTY. R1(c):COPY OF THE LOCATION SKETCH DATED 13/02/2008 ISSUED BY THE VILLAGE OFFICER. /TRUE COPY/ P.A. TO JUDGE. svs S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 24353 of 2010 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 3rd day of August, 2011. J U D G M E N T The petitioners have filed this writ petition challenging the proceedings initiated against the property belonging to the petitioners on the ground that in the guise of proceeding against the properties belonging to the borrowers, which is lying adjacent to the petitioners' property, the petitioners' property is also being proceeded against. The petitioners have filed this writ petition seeking the following reliefs: “i) to call for the records relating the above case; ii) issue a writ of mandamus or any other appropriate writ, order or direction, to the Recovery Officer, Debt Recovery Tribunal, Erakulam to declare that the petitioners are in absolute possession and enjoyment of properties covered by Exts. P1 and P2, and also that the petitioners are having life interest in the residential building situated in the property covered by Ext.P3; iii) to issue directions to the learned Debt Recovery Tribunal to issue a copy of the order dated 16.7.2010 in I.A. No. 501 of 2010 in D.R.C. 867/SBI-Ekm in O.A.No. 103 of 2000; iv) to issue an order staying all further proceedings in DRC No. 867/SBI-Ekm in O.A.No. 103 of 2000 pending before the Recovery Officer attached to the Debt Recovery Tribunal , Ernakulam.” 2. In this writ petition, a learned Judge of this Court passed an interim order on 4.8.2010, which reads as follows: “The learned standing counsel appearing for the respondent bank seeks for time to get instruction and to file a statement. The learned counsel for the petitioners submits that the petitioners are total strangers with regard to the loan transaction between the bank and the borrowers/guarantors and W.P(C) No. 24353 of 2010 -: 2 :- that in the course of the steps being pursued by the bank to realise the due amount from the defaulters/guarantors, the properties of the petitioners covered by Exts. P1 and P3 title deeds, which are also situated very near to the properties of the defaulters/guarantors lying as a continuous and contiguous block, are also sought to be proceeded against, causing the same to be sold in public auction scheduled to be held tomorrow. This Court does not propose to interfere with the sale scheduled to be held tomorrow in respect of the properties of the defaulters/guarantors. However, it will be for the first respondent/bank and other authorities concerned to ensure that the properties of the petitioners covered by Exts. P1 and P3 are not caused to be sold in public auction scheduled to be held tomorrow.” Subsequently, this Court passed another order on 9.6.2011, which reads as follows: “It is submitted that a settlement has already been arrived between the defaulters and the respondent bank in a Lok Adalath conducted on 7.5.2011. A copy of the award is made available for my perusal. It is noticed that the date stipulated for payment of the last instalment of the amount is 31.7.2011. Since the award is in force, it is submitted that no further steps by the recovery officer will be initiated till that date. Under such circumstances, the writ petition is posted for further consideration on 3.8.2011.” 3. It is now submitted before me that the borrower had settled the matter in the Lok Adalat conducted on 7.5.2011 and as per the award of the Lok Adalat, the loan instalment was to be paid on 31.7.2011. Counsel for the borrower submits that the last instalment has also been paid before 31.7.2011 and the loan account has been closed. W.P(C) No. 24353 of 2010 -: 3 :- In the above circumstances, recording the same, the writ petition is closed in terms of the order dated 4.8.2010. Sd/- S. Siri Jagan, Judge. Tds/