IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 2888 of 2007(R)
1. C.RAVEENDRAN, KANNAN, CHERUVATH HOUSE
... Petitioner
Vs
1. PUNJAB NATIONAL BANK, REPRESENTED BY
... Respondent
2. K.RAGHAVAN, S/O.KUMARAN,
For Petitioner :SRI.M.NARENDRA KUMAR
For Respondent :SRI.K.P.SUDHEER
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :20/06/2007
O R D E R
M.N.KRISHNAN, J.
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WP(C)No. 2888 OF 2007 R
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Dated this the 20th June, 2007.
JUDGMENT
This writ petition is filed seeking to quash Ext.P3.
The writ petitioner is the second respondent in E.P.56/05
in O.S.130/01. At the outset I may like to point out that
the writ petition is filed by suppressing or at least not
producing the basic order. An execution was filed against
two respondents for realisation of the decree amount by way
of arrest and detention in civil prison. This respondent
and the first respondent in the E.P entered appearance
before the court and pleaded no means. Thereafter the
court proceeded to conduct an enquiry to find out the
means. The Bank Manager of the plaintiff was examined as
P.W.1. So far as this writ petitioner is concerned the
court found that he is having 30 cents of land and a house
in his ownership and possession in one Cheruvoth Paramba.
The court also found that the second respondent owns two
buses and that he has not disputed the evidence given by
P.W.1 that the second respondent owned the buses. The
present writ petitioner even did not mount the box to
controvert the evidence tendered by P.W.1. So, as the
matter stands, there is evidence before the court that the
present writ petitioner is a person who is having landed
WPC 2888/07 2
property and houses. In such circumstances, the court
found that he is having sufficient means to pay and he is
neglecting to pay the amount and therefore ordered arrest.
I do not find any infirmity with the said order. Then the
present writ petitioner moved an application for recalling
the warrant which was rightly dismissed by the court below.
Therefore, the order passed by the court below is
confirmed. But, if the writ petitioner wants to pay off
the decree debt and as the bank is only in particular to
get the amount, I direct the executing court to grant him a
period of six weeks from today to pay the amount and in
case the amount is not paid, the decree holder is at
liberty to move the court for arrest and detention of the
writ petitioner in civil prison. Writ petition is disposed
of accordingly.
M.N.KRISHNAN
Judge
jj