IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 1098 of 2010(J)
1. V.SELVARAJA, CC.18/1647,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY ITS
... Respondent
2. THE DISTRICT COLLECTOR, ERNAKULAM.
3. THE DEPUTY TAHSILDAR,
4. THE VILLAGE OFFICER, RAMESWARAM VILLAGE
5. UCO BANK, FORT KOCHI BRANCH,
6. KANAKAMMAL, W/O.SELVARAJ,
For Petitioner :SRI.T.MADHU
For Respondent : No Appearance
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :20/01/2010
O R D E R
P.R.RAMACHANDRA MENON, J
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W.P(C) No. 1098 of 2010-J
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Dated this the 20th day of January, 2010.
J U D G M E N T
The case projected in the Writ Petition is that the property
owned by the petitioner is not liable to be proceeded against by the
respondents particularly in respect of the dues to be cleared by the
sixth respondent, under some loan transaction with the fifth
respondent bank.
2. The learned counsel for the petitioner submits that the
sixth respondent, though is the wife of the petitioner, had availed a
loan in her own capacity, being the proprietrix of a textile shop; for
which the petitioner had never stood as a guarantor, nor had he
created any equitable mortgage or security over the property,
owned, possessed and enjoyed by him.
3. The learned counsel appearing for the respondent bank
submits that that the bank has intended to proceed only against the
properties owned, possessed and enjoyed by the sixth respondent
ie. the wife of the petitioner and that the properties of the petitioner
W.P(C) No. 1098 of 2010-J 2
are not intended to be proceeded against. The said submission is
recorded and the Writ Petition is disposed of, making clear that
Exts.P2 and P3 proceedings issued in the name of the sixth
respondent could be proceeded against only in respect of the said
respondent and not against the petitioner or his properties as
referred to in the Writ Petition.
Sd/-
P.R.RAMACHANDRA MENON
JUDGE
//True Copy//
P.A to Judge
ab