IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 6269 of 2009(C)
1. V.S. THAMPI, S/O.JOSEPH, AGED 56 YEARS,
... Petitioner
2. SRI. BABY JOSEPH, S/O. V.C. JOSEPH,
3. SMT. VALSA THAMPI,
Vs
1. STATE BANK OF TRAVANCORE, REPRESENTED
... Respondent
2. THE AUTHORISED OFFICER,
For Petitioner :SRI.K.K.CHANDRAN PILLAI
For Respondent :SRI.R.S.KALKURA
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :07/04/2010
O R D E R
P.R. RAMACHANDRA MENON, J.
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W.P.(C) No. 6269 OF 2009
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Dated this the 7th April , 2010
J U D G M E N T
The petitioner has filed a memo dated 05.04.2010
seeking for permission to withdraw the Writ Petition without
prejudice to the rights of the petitioner to pursue the alternate
remedy by approaching the DRT .
2. The learned Counsel appearing for the Bank, referring to
the sequence of events opposed the relief prayed for with
regard to the reservation of right to pursue the statutory
remedy.
3. Considering the fact that the merits of the case have
not been discussed or decided by this Court, nothing prevents
the petitioner from availing the statutory remedy, which in fact,
is a vested right. The fact that the petitioner failed to comply
with the condition imposed by this Court while granting the
interim relief is not sufficient to forfeit such statutory right . If
W.P.(C) No. 6269 OF 2009
2
the condition is not complied with, the only consequence is that
the discretionary jurisdiction invoking the power under Article
226 of the Constitution may not be exercised, warranting
dismissal of the Writ Petition, which otherwise cannot place any
hurdle in availing the statutory remedy.
In the said circumstance, the Writ Petition is permitted to
be withdrawn with liberty to avail the statutory remedy.
P.R. RAMACHANDRA MENON,
JUDGE.
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