IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.P.R.RAMAN & THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 11TH FEBRUARY 2010 / 22ND MAGHA 1931 WA.No. 2880 of 2009() --------------------- AGAINST THE JUDGEMENT IN WPC.15135/2009 Dated 24/06/2009 .................... APPELLANT(S): -------------- 1. KARSHAKA SANGHATNA AYKYAVEDI, (FARMERS ORGANISATION'S FRONT), HAVINTS IT'S HEAD OFFICE AT NO.67, KUMARANASAN NAGAR, KADAVANTHARA, ERNAKULAM, REP. BY ITS GENERAL SECRETARY, JOSE CHAMBARY. 2. THOMAS MATHEW, THURUTHIPARA HOUSE, ALANAD PALA, KOTTAYAM. BY ADV. SRI.P.C.THOMAS SRI.ROJO J.THURUTHIPARA SRI.JESTIN MATHEW SRI.V.C.JAMES SRI.RAJ MOHAN R.PILLAI RESPONDENT(S): --------------- 1. K.P. MUHAMMAD BASHEER, S/O. KUTTYALI, AGED 38 YEARS, KOOVAL PUTHIYAPURAYIL HOUSE, VALAKKAI , KOYYAM, KANNUR DIST, REP. BY ITS POWER OF ATTORNEY HOLDER, SHABEER, SREEKANDAPURAM, TALIPARAMBU KANNUR. 2. THE DEPUTY GENERAL MANAGER (AUTHORISED OFFICER, KANNUR DIST CO.-OPERATIVE BANK, KANNUR. 3. KANNUR DISTROCT CO-OPERATIVE BANK LTD., KANNUR, REP. BY ITS GENERAL MANAGER. R1 BY ADV.V.T.MADHAVANUNNI SRI.V.A.SATHEESH 1 SRI.J.ABHILASH R2, R3 BY SRI.P.NARAYANAN,SC THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 11/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN, Ag.C.J. & THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.A.No.2880 OF 2009 ------------------------------------------- Dated this the 11th day of February, 2010 JUDGMENT Thottathil B.Radhakrishnan, J. This writ appeal has been filed with leave being granted to challenge the judgment in W.P(C).15135/09 holding that rubber plantations are not agricultural lands to which Section 31(i) of the SARFAESI Act applies. By separate judgment delivered today, the said judgment has been vacated in W.A.No.155/2010. Following that, this writ appeal would also stand allowed to the extent of the declaration of law made in the said judgment. It is clarified that the questions of facts regarding the identity of property etc. will depend upon the facts and materials in each case. Sd/- P.R.RAMAN, Ag.Chief Justice. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.