Thomas Vijoy vs State Of Kerala
2022 Latest Caselaw 3832 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
            THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
        TUESDAY, THE 5TH DAY OF APRIL 2022 / 15TH CHAITHRA, 1944
                        WP(C) NO. 12308 OF 2022
PETITIONERS:

    11       THOMAS VIJOY
             AGED 34 YEARS
             S/O. VIJOY THOMAS,
             SANKARAMANGALAM, THENGODE P.O.,
             KAKKANAD, COCHIN-682030.

    2        MMARIA VIJOY
             AGED 31 YEARS,
             D/O. VIJOY THOMAS,
             SANKARAMANGALAM, THENGODE P.O.,
             KAKKANAD, COCHIN-682030.

             BY ADV ANEESH JAMES


RESPONDENTS:

    1        STATE OF KERALA
             REPRESENTED BY SECRETARY TO THE GOVERNMENT,
             DEPARTMENT OF HOME AFFAIRS,
             GOVERNMENT SECRETARIAT, TRIVANDRUM - 695001.

    2        THE INDIAN OVERSEAS BANK LTD.,
             REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR,
             HEAD OFFICE 763, ANNA SALAI,
             CHENNAI, PIN-600002.

    3        THE MANAGER,
             INDIAN OVERSEAS BANK,
             ERNAKULAM, 1ST FLOOR, THEKKEKKARA MANSION,
             M.G.ROAD, ERNAKULAM-682035.

    4        THE AUTHORISED OFFICER,
             INDIAN OVERSEAS BANK,
             1ST FLOOR, THEKKEKKARA MANSION,
             M.G.ROAD, ERNAKULAM - 682035.

             BY ADVS.
             JOBY JOSEPH - SR.G.P.
             SUNIL SHANKAR - SC
 WP(C) NO. 12308 OF 2022
                                 2


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 12308 OF 2022
                                         3


                   BECHU KURIAN THOMAS, J.
                 ===========================
                     W.P.(C) No.12308 of 2022
                 ============================
                      Dated this the 5th day of April, 2022


                                   JUDGMENT

Petitioners seek permission to withdraw this writ petition,

with liberty to file a fresh writ petition.

Permission granted. The writ petition is dismissed as

withdrawn, reserving the said liberty.

Sd/-

BECHU KURIAN THOMAS JUDGE ssa/ WP(C) NO. 12308 OF 2022

APPENDIX OF WP(C) 12308/2022

PETITIONERS' EXHIBITS

Exhibit P1 A TRUE COPY OF THE SALE DEED NO.1924/2004 OF SRO THRIKKAKARA.

Exhibit P2 A TRUE COPY OF THE POSSESSION NOTICE DATED 24.12.2021 AFFIXED AT THE RESIDENCE OF THE 1ST PETITIONER BY THE OFFICERS OF THE 2ND RESPONDENT.

Exhibit P3 A TRUE COPY OF THE CERTIFIED COPY OF THE SALE DEED NO.56/1/10 OF THRIKKAKARA SRO.

Exhibit P4 A TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KAKKANAD AS CRL.M.P.NO.310 OF 2022.

Exhibit P5 A TRUE COPY OF THE FIR IN CRIME NO.269/2022 OF THRIKKAKARA POLICE STATION.

Exhibit P6 LEFT HAND THUMP IMPRESSIONS OF THE PETITIONERS.

Exhibit P7 A TRUE COPY OF THE NOTICE DATED 21.02.2022 ISSUED ON BEHALF OF THE 1ST PETITIONER.

Exhibit P8 A TRUE COPY OF THE REPLY NOTICE DATED 01.03.2022 ISSUED ON BEHALF OF THE RESPONDENTS 2 AND 3.

Exhibit P9 A TRUE COPY OF THE PETITION FILED UNDER SECTION 101 OF THE MENTAL HEALTH ACT BEFORE THE STATION HOUSE OFFICER, ALUVA POLICE STATION BY THE FIRST PETITIONER.

Exhibit P10 A TRUE COPY OF THE APPLICATION FILED BY THE FIRST PETITIONER BEFORE THE SUB DIVISIONAL MAGISTRATE, FORT KOCHI UNDER SECTION 14 OF THE RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016.