IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
WP(C) NO. 27599 OF 2021
PETITIONERS:
1 A.B. MATHEW, AGED 49 YEARS
RESIDING AT AMBALAKATTU HOUSE,
GRADE COTTAGE, H M T COLONY P O, PALLIANKARA,
THRIKKAKARA NORTH VILLAGE,
NEAR SEA PORT AIR PORT ROAD, KOCHI683503.
2 RINCY MATHEW, AGED 40 YEARS
W/O A B MATHEW,
RESIDING AT AMBALAKATTU HOUSE,
GRADE COTTAGE, H M T COLONY P O,
PALLIANKARA, THRIKKAKARA NORTH VILLAGE,
NEAR SEA PORT AIR PORT ROAD, KOCHI683503.
BY ADVS.
K.C.ELDHO
MALLENATHAN.M.
RESPONDENTS:
1 THE REGIONAL MANAGER, AXIS BANK LTD
5TH FLOOR, CHICAGO PLAZA,
RAJAJI ROAD, COCHIN-682035.
2 THE AUTHORIZED OFFICER, AXIS BANK LIMITED
RETAIL ASSET CENTRE, 5TH FLOOR, CHICAGO PLAZA,
RAJAJI ROAD, COCHIN-682035.
BY ADV P.PAULOCHAN ANTONY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.05.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) 27599/2021
2
BECHU KURIAN THOMAS, J
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W.P.(C) No.27599 of 2021
.....................................
Dated this the 20 th day of May, 2022
JUDGMENT
Petitioners have approached this Court with the following reliefs:
a.issue a writ of mandamus or any other appropriate writ, order or direction compelling the respondents to provide the petitioners three months period for surrendering the vacant possession of the residential house referred to in Exhibit P8 in the light of Exhibit P7 medical report.
b.issue such other writ, order or direction as this Hon'ble Court may deem fit while considering the peculiar circumstances of the case in the interest of justice.
2. When the writ petition came up for consideration on 03.12.2021, taking note of the nature of relief sought for, this Court granted an interim stay of all further proceedings against the petitioner for a period of five months. Since the stay granted by WP(C) 27599/2021 3 this Court was much more than the relief sought for, and even that five months period have expired, the writ petition has become infructuous.
3. Accordingly, reserving the liberty of the petitioner to pursue their statutory remedies, if available, before the Debts Recovery Tribunal, this writ petition is dismissed as infructuous.
Sd/-
BECHU KURIAN THOMAS JUDGE AMV/21/05//2022