IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 21ST FEBRUARY 2011 / 2ND PHALGUNA 1932 WP(C).No. 4744 of 2011(P) -------------------------------- PETITIONER(S): ------------------- PRAJATHA RAVEENRAN, W/O.RAVEENDRAN, RESIDING AT 'LEKSHMI', NEAR VAKKAM PANCHAYATH OFFICE, VAKKOM, THIRUVANANTHAPURAM DISTRICT, PIN-695308. BY ADVS. SRI.P.K.MUHAMMED SMT.S.VIJI RESPONDENT(S): -------------------- MANAGER, TRIVANDRUM DISTRICT CO-OPERATIVE BANK, ATTINGAL BRANCH, ATTINGAL, PIN-695101. BY ADV. SRI.K.G.RADHAKRISHNAN, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs C.K.ABDUL REHIM, J --------------------------------------- W.P(C) No.4744 of 2011-P ---------------------------------------- Dated this the 21st day of February, 2011. J U D G M E N T Challenge in this writ petition is against Ext.P2 notice issued by the respondent Bank. It is pertinent to note that through Ext.P2, the petitioner was informed that if the default in payment of the amounts is not cleared within 15 days from the date of receipt of notice, proceedings under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) will be initiated. 2. The demand now raised comes within the realm of contractual obligations arising on the basis of the agreement of loan. It is not a matter coming within the purview of Article 226 of the Constitution of India. Therefore the writ petition is not maintainable. 3. However, it is made clear that the petitioner will be at liberty to pursue remedies as provided under the statute, if any steps are initiated under the provisions of the SARFAESI Act. The Writ Petition is dismissed with the above observations. C.K.ABDUL REHIM JUDGE ab