High Court of KeralaWP(C)/33790/2014closed

The South Indian Bank Ltd. v. Mathew Cyriac

2015-01-29Honourable Dr. Justice A.K.Jayasankaran Nambiar4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR THURSDAY, THE 29TH DAY OF JANUARY 2015/9TH MAGHA, 1936 WP(C).NO. 33790 OF 2014 (W) ---------------------------- PETITIONER(S):

--------------- THE SOUTH INDIAN BANK LTD.

REGIONAL OFFICE, GROUND FLOOR, SIB BUILDING INFO PARK ROAD, RAJAGIRI VALLEY POST, KAKKANAD KOCHI-682039 REPRESENTED BY ITS AUTHORIZED SIGNATORY CHIEF MANAGER AND AUTHORIZED OFFICER.

BY ADVS.SRI.A.KUMAR SRI.P.J.ANILKUMAR SMTG.MINI(1748) SRI.P.S.SREE PRASAD RESPONDENT(S):

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

1. MR. MATHEW CYRIAC S/O.C.J.KURIAKOSE PROPRIETOR OF CHENNOTH GLASSES & HARDWARES OPPOSITE BSNL EXCHANGE, PALARIVATTOM, KOCHI 682025 ALSO RESIDING AT CHENNOTH HOUSE, NEAR KALAVATH ROAD PALARIVATTOM, KOCHI-682 025

2. MRS. LATHA MATHEW W/O.MATHEW CYRIAC, PROPRIETRIX OF CHENNOTH GLASSES 40/8628, NEAR ALLEPPEY PARCEL OFFICE LIBRARY JUNCTION T.D.ROAD, KOCHI-682 035, ERNAKULAM ALSO RESIDING AT CHENNOTH HOUSE, NEW KALAVATH ROAD PALARIVATTOM, KOCHI-682 025.

3. MR. CYRIL C.MATHEW S/O.MATHEW CYRIAC PROPRIETOR OF CHENNOTH INTERIO NEAR ST.GEORGE CHURCH NH BYE PASS, CHAKKARAPARAMBU, KOCHI 682032 ALSO RESIDING AT CHENNOTH HOUSE, NEW KALAVATH ROAD PALARIVATTOM, KOCHI-682 025.

4. P. MOHANAN SOUMYALAYAM, KALAMSSERY, KOCHI-683104

5. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682 031

6. THE CHIEF JUDICIAL MAGISTRATE ERNAKULAM - 682 010.

R1-R2 BY ADV. SRI.THOMAS T.VARGHESE R1-R2 BY ADV. SRI.N.SASI R1-R2 BY ADV. SMT.T.M.BINITHA R4 BY ADV. SRI.LAL K.JOSEPH R4 BY ADV. SRI.A.A.ZIYAD RAHMAN R4 BY ADV. SRI.JOJO GEORGE R4 BY ADV. SRI.V.S.SHIRAZ BAVA R4 BY ADV. SRI.JOSEPH KURIAN VALLAMATTAM BY GOVERNMENT PLEADER SMT.SOBHA ANNAMMA EAPPEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).NO. 33790 OF 2014 (W) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------ EXT.P1 - TRUE COPY OF THE APPLICATION CMP NO.3316 OF 2014 FILED ON 24-7-2014 EXT.P2 - TRUE COPY OF THE REPORT DTD.17-08-2014 EXT.P3 - TRUE COPY OF THE PETITION CRL.M.P.NO.4010/2014 IN CMP NO.3316/2013 RESPONDENT(S)' EXHIBITS:NIL ------------------------ //TRUE COPY// P.A.TO JUDGE

A.K.JAYASANKARAN NAMBIAR, J.

------------------------------- W.P.(C).NO.33790 OF 2014 ----------------------------------- Dated this the 29th day of January, 2015

J U D G M E N T

The writ petition was filed by the petitioner bank seeking a direction to the Chief Judicial Magistrate, Ernakulam, to pass orders on Ext.P1 application of the petitioner, to provide police assistance for taking possession of the secured assets scheduled to Ext.P1 application. The grievance of the petitioner in the writ petition was primarily against the delay in the consideration of the matter by the Chief Judicial Magistrate. When the matter taken up for orders on 08.01.2015, I called for a report from the Chief Judicial Magistrate, Ernakulam, as to the status of the petitions posted before him. By a report dated 14.01.2015, the Chief Judicial Magistrate informed this Court that orders were ready in the matter and would be pronounced on 23.01.2015. It is now learnt that the Chief Judicial Magistrate has since passed orders on 23.01.2015 itself. Taking note of this development, I close this writ petition as infructuous.

A.K.JAYASANKARAN NAMBIAR JUDGE mns