IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 WP(C).No. 35273 of 2008(Y) -------------------------------------- PETITIONER: ------------------ R.RAVIKUMAR, S/O.RAJASEKHARAN, SIVALAYAM, BALARAMAPURAM, ADIYANNUR VILLAGE, NEYYATTINKARA TALUK. BY ADV. SRI.T.RAVIKUMAR SMT.G.AMBILI RESPONDENT(S): ------------------------ 1. UNION OF INDIA REP.BY THE SECRETARY, MINISTRY OF FINANCE & COMPANY AFFARIS, NEW DELHI. 2. STATE OF KERALA REP.BY THE CHIEF SECRETARY, TRIVANDRUM. 3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, TRIVADNRUM. 4. THE SECRETARY, DISTRICT CO-OPERATIVE BANK, TRIVANDRUM. 5. THE AUTHORISED OFFICER UNDER CENTRAL ACT, 54 OF 2002, DISTRICT CO-OPERATIVE BANK LTD, TRIVANDRUM. ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR GENERAL FOR R1 GOVERNMENT PLEADER SRI.K.C.SANTHOSH KUMAR FOR R2 TO R3. STANDING COUNSEL SRI.K.G.RADHAKRISHNAN FOR R4. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ------------------------------------------------------ W.P.(C) NO.35273 OF 2008 (Y) ------------------------------------------------------ Dated this the 4th day of December, 2008 J U D G M E N T The only issue raised and urged at the time of admission today is whether the District Co-operative Bank is entitled to enforce the provisions of the SARFAESI Act. This issue is stand covered by the judgment of this Court in W.P.(C) No.22146/2007 and connected matters in A.P.Varghese and others V. Kerala State Co-operative Bank Limited and others [2008 (1) KHC 513]. By that judgment, it has been held that the SARFAESI Act is applicable to the Kerala State Co-operative Bank, the District Co-operative Banks and the Urban Co-operative Banks and the validity of notification of the Central Government issued under the SARFAESI Act was also upheld. The plea of the writ petitioner, therefore, fails. This writ petition is accordingly dismissed. Sd/- THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/9/12 // True copy // P.A. to Judge.