IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 21ST OCTOBER 2008 / 29TH ASWINA 1930 WP(C).No. 30051 of 2008(C) -------------------------- PETITIONER(S): --------------- K.MURUKESAN ASARI, SREE VALLABHA INDUSTRIES, VAYALIKKADA, BHAGAVATHY NADA P.O., BALARAMAPURAM. BY ADV. SRI.R.GOPAN RESPONDENT(S): --------------- 1. THE BRANCH MANAGER, THE KERALA STATE CO-OPERATIVE BANK, KARAMANA BRANCH, THIRUVANANTHAPURAM. 2. THE AUTHORISED OFFICER, (REGIONAL MANAGER-IN-CHARGE), THIRUVANANGTHAPURAM REGIONAL OFFICE, KERALA STATE CO-OPERATIVE BANK, OVER BRIDGE JUNCTION, THIRUVANANTHAPURAM. 3. THE REGIONAL MANAGER, KERALA STATE CO-OPERATIVE BANK, REGIONAL OFFICER, OVER BRIDGE JUNCTION, THIRUVANANTHAPURAM. BY ADV. SRI.NAGARAJ NARAYANAN, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.30051 OF 2008 ------------------------------------------- Dated this the 21st day of October, 2008 JUDGMENT Heard learned counsel for the petitioner and learned standing counsel for the respondents. The petitioner seeks a direction to consider Ext.P2 representation and also an order quashing Ext.P4 notice under the provisions of the SARFAESI Act, recalling an amount of Rs.5,33,456/- with interest from 1.7.2007. The loan was a cash- credit facility and the outstandings have been grown in relation to a commercial transaction. There is no jurisdictional error or legal infirmity in the impugned Ext.P4 proceedings. The petitioner, therefore, confines his submissions to a request that Ext.P2 may be directed to be considered. I am sure in my mind that no grounds for issuance of a mandamus for consideration of a representation has been demonstrated in this case. The benefit of any circular issued by the Registrar of Co-operative Societies cannot be enforced against a bank unless the bank WPC.30051/08 Page numbers agrees to it. This is because there is apparently sleek power for statutory circulars being issued to regulate the banking sector. Be that as it may, having regard to the different amounts involved, it is directed that if the petitioner deposits an amount of Rs.2 lakhs within a period of three weeks, the bank will consider Ext.P2 representation. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.