IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 15TH DECEMBER 2009 / 24TH AGRAHAYANA 1931 WP(C).No. 35692 of 2009(F) ---------------------------------------- PETITIONER(S): ------------------------- ALEYAMMA JOHN, W/O.PERUMAL, PUTHENVEETTIL HOUSE, (GRACE BHAVAN), ANGADICKAL SOUTH P.O., CHENGANNUR, ALAPPUZHA. BY ADV. MR.O.D.SIVADAS RESPONDENT(S): -------------------------- 1. THE AUTHORISED OFFICER, THE STATE BANK OF TRAVANCORE, ZONAL OFFICE, SBT BHAVAN, PANAMPILLY NAGAR, ERNAKULAM. 2. THE BRANCH MANAGER, STATE BANK OF TRAVANCORE, PULIYOOR BRANCH, ALAPPUZHA DISTRICT. BY ADV. MR.SATHISH NINAN SC, SBT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss C.K. ABDUL REHIM, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 35692 of 2009 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of December, 2009 J U D G M E N T 1. This writ petition is filed seeking direction to the respondents to restrain from taking any coercive steps pursuant to Ext.P1 proceedings, without issuing order under Section 13 (4) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). It is noticed that Ext.P1 is a noticed issued under Section 13 (2) of the SARFAESI Act. It is stated that the petitioner had submitted objection to Ext.P1 notice. According to the standing counsel appearing for the respondents no such objection was received by the respondents. No copy of any such objection is also seen produced in this writ petition. 2. However it is evident that no further steps pursuant to Ext.P1 as contemplated under Section 13 (4) has been taken by the respondents till date. There is no W.P.(C)No. 35692 of 2009 -2- basis for the apprehension that no proceeding or intimation will be issued with respect to the action if any taken under Section 13 (4). It is further noticed that the petitioner has got an effective remedy by way of appeal provided in the statute against any action which will be taken as contemplated under Section 13 (4). There is no basis to presume that the petitioner will be physically dispossessed from the property without issuing any intimation regarding action taken under Section 13 (4). 3. Under the above circumstances the writ petition is dismissed without prejudice to rights of the petitioner to approach before the appellate authority challenging action under Section 13 (4) if any taken. C.K. ABDUL REHIM JUDGE shg/