IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 WP(C).No. 32921 of 2008(T) -------------------------------------- PETITIONERS: -------------------- 1. V.GOVINDANKUTTY, AGED 42 YEARS, S/O.KUNHUNNI NAIR, VADAKKEKALATHIL HOUSE, KOLATHUR P.O., MALAPPURAM DISTRICT. 2. M. BINDU, AGED 34 YEARS, W/O. V. GOVINDANKUTTY, VADAKKEKALATHIL HOSUE, KOLATHUR P.O., MALAPPURAM DISTRICT. BY ADV. SRI.P.VIJAYA BHANU, ADV. SRI.P.VENUGOPAL. RESPONDENTS: ----------------------- 1. SOUTH MALABAR GRAMIN BANK, KOLATHUR BRANCH, MALAPPURAM DISTRICT, REPRESENTED BY ITS MANAGER. 2. AUTHORIZED OFFICER (GENERAL MANAGER), SOUTH MALABAR GRAMIN BANK, HEAD OFFICE, MALAPPURAM- 676 505. BY ADV. SRI. T.R. RAVI, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.32921 of 2008-T = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 7th day of November, 2008. JUDGMENT Petitioners challenge Ext.P1 which is only a notice under Section 13(2) of the SARFAESI Act. To that notice, the petitioners could have filed a reply. They do not get any right which would crystallize into a cause of action even before the DRT because no measure has been taken by the bank in terms of Section 13(4). This writ petition seeking intervention of this Court in writ jurisdiction is, therefore, obviously, premature. The writ petition fails. The same is accordingly dismissed without prejudice to remedies available against measures taken by the bank, if any. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/121108