Jolly Johnson vs. South Indian Bank LTD.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN THUR AY, THE 19TH DAY OF SEPTEMBER 2019 / 28TH BHADRA, 1941 WP(C).No.24518 OF 2019(L) PETITIONERS: 1 JOLLY JOHNSON, W/O.LATE C.V.JOHNSON, LICENCEE ARD 170, CHIRIYANKANDATH HOUSE, ST.TOMAS LANE, ARANATTUKKARA P.O., THRISSUR - 680 618. 2 FRANCIS CHEMMANUR, PROPRIETOR-FABIAN TRADING COMPANY, CHEMMANNUR HOUSE, OLARIKKARA, PULLAZHY P.O., THRISSUR - 680 012. 3 JUSTIN CHEMMANNUR PROPRIETOR JC SOUNDS, 48/364, OLARIKKARA, PULLAZHY P.O., THRISSUR - 680 012. BY ADV. SRI.N.P.SAMUEL RESPONDENTS: 1 SOUTH INDIAN BANK LTD., REP. BY AUTHORISED OFFICER AND CHIEF MANAGER, REGIONAL OFFICE, THRISSUR - 680 001. 2 JOSEPH C.L., S/O.LONAPPAN, CHEMMANNUR HOUSE, LAKSHMI MILL ROAD, PULLAZHI P.O., THRISSUR - 680 012. SRI.GEORGE VARGHESE, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.09.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No.24518 OF 2019(L) 2 JUDGMENT The learned counsel for the petitioners after arguing this matter for some time, sought permission to withdraw this writ petition so as to invoke alternative statutory remedies. This request is granted, reserving liberty as afore prayed for. After I dictated this judgment, the learned counsel for the petitioners also prayed that his clients be given “a breathing time” to approach the alternative forum, for which purpose the respondent-Bank be directed not to disposes his clients physically for a short period of time. I find justification in this request and I, therefore, direct the Bank not to disposes the petitioners from the building in question for a period of fifteen days from the date of a receipt of a copy of this judgment, within which time the they will be at liberty to move the appropriate forum and obtain necessary orders, if so entitled. DEVAN RAMACHANDRAN nak JUDGE

WP(C).No.24518 OF 2019(L) 3 APPENDIX PETITIONERS' EXHIBITS: EXHIBIT P1 CERTIFICATE ISSUED BY THE TALUK SUPPLY OFFICER THRISSUR DATED 3/9/19. EXHIBIT P2 LEGIBLE COPY OF ARD 170 OPENING STOCK AS ON 3/9/19 REPORTED BY TALUK SUPPLY OFFICE. EXHIBIT P3 PHOTOCOPY OF SHOP INSPECTION REPORT DATED 16/8/19 ISSUED BY TALUK SUPPLY OFFICER CONCERNING ARD 170. EXHIBIT P4 PHOTOCOPY OF RENT RECEIPT DATED 2/9/19 ISSUED BY 2ND RESPONDENT FOR SHOP ROOMS 48/360,361 & 362. EXHIBIT P5 PHOTOCOPY OF 2ND PETITIONER'S GST REGISTRATION NO.32AAEPF6409LIZV DATED 1/7/17. EXHIBIT P6 PHOTOCOPY OF RENT RECEIPT DATED 2/9/19 ISSUED BY 2ND RESPONDENT FOR ROOM 48/363. EXHIBIT P7 PHOTOCOPY OF ELECTRICAL WIREMAN PERMIT NO.49801 DATED 1/9/95 ISSUED BY KERALA STATE ELECTRICITY LICENSING BOARD TO 3RD PETITIONER. EXHIBIT P8 PHOTOCOPY OF RENT RECEIPT DATED 2/9/19 ISSUED BY 2ND RESPONDENT FOR ROOM 48/364. EXHIBIT P9 PHOTOCOPY OF NOTICE ISSUED BY ADVOCATE COMMISSIONER NARENDRAN DATED 4/6/19 TO 2ND RESPONDENT. //// P.A TO JUDGE