IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 18TH JANUARY 2011 / 28TH POUSHA 1932 WP(C).No. 30805 of 2010(A) ------------------------ PETITIONER : --------------------- T.S.SWAMINATHAN, AGED 36, S/O.LATE SUBRAMANIAN, THERAYANKODE HOUSE, EZHAKKAD P.O., MUNDUR, PALAKKAD. BY ADV. SRI.I.DINESH MENON RESPONDENT(S): ------------------------- 1. THE CHIEF MANAGER, (AUTHORISED OFFICER), SYNDICATE BANK, REGIONAL OFFICE, SHANMUGHAM ROAD, ERNAKULAM-682031. 2. SRI.GOPALAKRISHNAN P.P., S/O.LATE T.KRISHNANKUTTY, 13/158, KRISHNA, EZHAKKAD, PALAKKAD DISTRICT, PIN-678592. 3. SRI.VINOD P.K., S/O.KRISHNANKUTTY, KARIMBILKATTIL HOUSE, KALLEKKKAD, PALAKKAD DISTRICT, PIN-678015. R1 BY ADV. SRI. R.S. KALKURA, SC, SYNDICATE BANK R2 BY ADVS. SRI.N.RAJENDRAN SRI.K.S.FRIJO R3 BY ADVS. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.PRATHAP PILLAI SRI.BENOJ C AUGUSTIN SRI.SEBIN THOMAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/01/2011, ALONG WITH WPC NO. 34180 OF 2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) Nos. 30805 & 34180 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of January, 2011 J U D G M E N T The same petitioner in these writ petitions, challenges a sale proceedings under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). The contention of the petitioner is that, the sale conducted pursuant to the proceedings under the Act is vitiated by irregularities. Whether the sale is vitiated by irregularities is a question of fact which has to be proved by evidence. The petitioner's remedy lies in filing an appeal before the Debt Recovery Tribunal for proving the same. As such, I am not inclined to entertain these writ petitions. Therefore, without prejudice to the right of the petitioner to approach the Debt Recovery Tribunal, these writ petitions are dismissed. S. SIRI JAGAN JUDGE shg/