IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 27TH MARCH 2009 / 6TH CHAITHRA 1931 WP(C).No. 9991 of 2009(T) ------------------------------------ CRMP.2359/2009 of CHIEF JUDL.MAGISTRATE COURT, ERNAKULAM .................... PETITIONER(S): --------------------- 1. M.P. SURESH, AGED 39 YEARS, S/O.K.K.PURUSHOTHAMAN, CHANIYAMURIYIL THEVARA, KOCHI-13. 2. M.P. RAJESHKUMAR, AGED 37 YEARS, S/O.K.K.PURUSHOTHAMAN, CHANIYAMURIYIL, THEVARA, KOCHI-13. BY ADV. MR.G.HARIHARAN SMT.K.G.SAROJINI SMT.N.C.SALINI RESPONDENT(S): ------------------------ 1. DEEWAN HOUSING CORPORATION LIMITED, PALARIVATTOM, KOCHI. 2. JOY JOSEPH, S/O.JOSEPH, PADATHUPARAMBIL, NJARAKKAL. 3. RAJU FRANCIS, S/O.FRANCIS, VADAKKUM MURIYIL, THATHAMPILLY, PALLURUTHY. 4. JOHN VARGHESE, ADVOCATE, NO.16, INFANT JESUS BUILDING III, OPP.HIGH COURT OF KERALA, ERNAKULAM. 5. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R5 BY GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.9991 of 2009-T = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 27th day of March, 2009. JUDGMENT Petitioners challenge action taken by the first respondent under the SARFAESI Act. It is notified to invoke the provisions of that Act. Subject to that, the petitioners cannot make out remedies before this Court. The first respondent is not an authority for the purpose of Article 12 of the Constitution. The petitioners have adequate alternate remedies before the DRT under Section 17 of the SARFAESI Act. This writ petition is hence dismissed without prejudice to that course. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/270309