Meenakumari v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR MONDAY, THE 16TH DAY OF NOVEMBER 2015/25TH KARTHIKA, 1937 WP(C).No. 7693 of 2015 (J) --------------------------- PETITIONER :

---------------------- MEENAKUMARI W/O. KRISHNAKALA, RESIDING AT THENGODUKALAM, KARIPPALI PATTANCHERRY P.O., CHITTUR TALUK, PALAKKAD DISTRICT.

BY ADVS.SRI.G.HARIHARAN SRI.PRAVEEN H.

RESPONDENTS :

-------------------------

1. STATE BANK OF INDIA SBI BUILDING, ENGLISH CHURCH ROAD, PALAKKAD-678001 REPRESENTED BY ITS ASSISTANT GENERAL MANAGER.

2. DEBT RECOVERY TRIBUNAL KERALA HOUSING BOARD BUILDING, PANAMPILLY NAGAR ERNAKULAM-620 036.

BY ADV. SRI.R.S.KALKURA, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 7693 of 2015 (J) -------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXHIBIT P1TRUE COPY OF THE ORDER MADE IN O.A.NO. 190/2014 MADE BY THE DEBT RECOVERY TRIBUNAL, ERNAKULAM ON 31-10-2014. EXHIBIT P2TRUE COPY OF THE DECREE DATED 22-12-2011 MADE IN O.S. 418/2008 OF THE ADDITIONAL SUB COURT, PALAKKAD.

EXHIBIT P3TRUE COPY OF THE PROPERTY TAX RECEIPT ISSUED BY THE PATTANCHERRY GRAMA PANCHAYAT DATED 26-06-2014 EVIDENCING PAYMENT OF PROPERTY TAX.

RESPONDENT(S)' EXHIBITS : NIL ---------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn

A.K.JAYASANKARAN NAMBIAR, J.

=========================================== W.P.(C). No. 7693 of 2015 ===================================================== Dated this the 16th day of November, 2015

JUDGMENT

In the writ petition, the petitioner challenges Ext.P1 order of the Debt Recovery Tribunal in OA No. 190 of 2014. Although various contentions have raised in the writ petition against Ext.P1 order of the DRT, I find that the petitioner has an effective alternate remedy against Ext.P1 order, by way of filing an appeal before the Debt Recovery Appellate Tribunal. Under the circumstances, I see no reason to interfere with Ext.P1 order in these proceedings under Article 226 of the Constitution of India. The writ petition, therefore fails and is accordingly dismissed. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE das /16.11.15