IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 15TH OCTOBER 2009 / 23RD ASWINA 1931 WP(C).No. 28934 of 2009(J) -------------------------- PETITIONER(S): --------------- 1. P.VARGHESE GEORGE, PYNADATH NADUVIL VEEDU, KOTHAKULANGARA, ANGAMALY VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT. 2. MRS MARY VARGHESE, DO. BY ADV. SRI.K.V.SOHAN SRI. PAULSON M.J RESPONDENT(S): --------------- 1. THE UNION BANK OF INDIA,REP.BY ITS BRANCH MANAGER AND ITS AUTHORISED OFFICER UNDER SECURITISATION ACT, KARUKUTTY BRANCH, 406 A, RAILWAY STATION ROAD, KARUKUTTY P.O., ERNAKULAM-683 576. 2. THE SPECIAL DEPUTY COLLECTOR, SLAO AND COMPETENT AUTHORITY, NHDP, CHEMBUKAVU, TRICHUR- 680 020. 3. THE ASSISTANT ENGINEER, ELECTRICAL SECTION K.S.E.B., KARUKUTTY- 683 576. R1 BY ADV.SRI.A.S.P.KURUP, S.C. R3 BY ADV. SRI.P.P.THAJUDEEN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------------------- W.P(C).No.28934 OF 2009 ------------------------------------------- Dated this the 15th day of October, 2009 JUDGMENT Heard Sri.K.V.Sohan, the learned counsel appearing for the petitioners and Sri.A.S.P.Kurup, the learned standing counsel appearing for the first respondent bank. 2. The petitioners are the owners of a building situated by the side of the National Highway at Karukutty. A portion of the said building was acquired by the National Highway Authorities for the purpose of widening the National Highway. In the meanwhile, the first respondent bank initiated proceedings against the petitioners under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and took over possession of that building. The bank is also running its branch in the said building. The first prayer in this writ petition is for a direction to the bank to vacate the building to enable the petitioners to demolish a portion of the WPC.28934/09 Page numbers building and surrender it to the National Highway Authorities. The second prayer is to direct the Electricity Board to temporarily disconnect the electricity supply. 3. Besides the fact that the bank has taken over possession of the building, the bank is also a tenant of the premises. The bank is in lawful possession of the building and therefore, even if a portion of the building is acquired and demolished, the bank can continue to function in the premises. Therefore, as the bank has taken over possession of the premises under the SARFAESI Act and as the bank is a tenant of the very same building, I am of the opinion that the petitioners cannot seek or be granted the reliefs sought in this writ petition. The writ petition fails and is accordingly dismissed. Sd/- P.N.RAVINDRAN, Judge. kkb.