IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 29TH JULY 2011 / 7TH SRAVANA 1933 WP(C).No. 19848 of 2011(E) --------------------------------------- PETITIONERS: --------------------- 1. K.UNNIKRISHNAN,S/O.LATE C.PARAMESWARA KURUP, KALLATTA CHERUKOTTA HOUSE,NHANGATTIRI.P.O, THRITHALA PANCHAYATH,PATTAMBI VIA.-679 303. 2. SURENDRAN,S/O.LATE C.PARAMESWARA KURUP, KALLATTA CHERUKOTTA HOUSE,NHANGATTIRI.P.O, THRITHALA PANCHAYATH,PATTAMBI VIA-679 303. 3. LAKSHMI DEVI,D/O.LATE C.PARAMESWARA KURUP, KALLATTA CHERUKOTTA HOUSE,NHANGATTIRI.P.O, THRITHALA PANCHAYATH,PATTAMBI VIA-679 303. 4. GOURI, D/O. LATE C. PARAMESWARA KURUP, KALLATTA CHERUKOTTA HOUSE, NHANGATTIRI.P.O., THRITHALA PANCHAYAT, PATTAMBI VIA. - 679 303. BY ADV. SRI.BIJU .C. ABRAHAM. RESPONDENTS: ------------------------ 1. INDIAN OVERSEAS BANK,G.B.ROAD,PALAKKAD, REPRESENTED BY ITS AUTHORIZED OFFICER AND CHIEF MANAGER. 2. NISHA.K.N,ADVOCATE COMMISSIONER, APPOINTED IN CMP NO.707/2010 OF THE COURT OF THE CHIEF JUDICIAL MAGISTRATE,PALAKKAD. 3. THE MANAGER,INDIAN OVERSEAS BANK, PALAKKAD BRANCH,PALAKKAD. R1 & R3 BY ADV. SRI.P.B.SURESH KUMAR, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.19848/2011-E: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE SALE DEED NO. 2019/1/1986 DTD. 26/07/1986 OF SRO, THRITHALA. EXT.P.2: COPY OF THE DEATH CERTIFICATE OF SRI. PARAMESWARA KURUP. EXT.P.3: COPY OF THE TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, THRITHALA. EXT.P.4: COPY OF THE NOTICE DTD. 18/11/2010 ISSUED BY THE R.2. EXT.P.5: COPY OF THE ORDER DTD. 19/07/2010 ISSUED BY THE CHIEF JUDICIAL MAGISTRATE, PALAKKAD IN CMP.NO.707/2010. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. S.SIRI JAGAN, J. ================== W.P.(C).No. 19848 of 2011 ================== Dated this the 29 th day of July, 2011 J U D G M E N T The petitioners challenge proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, against certain properties allegedly belonging to the petitioners, which, according to them, have not been pledged with the bank. They also take the contention that the property is agricultural land exempt from proceedings under the Act. The learned standing counsel for the bank submits that the question of identity of the property has been considered by the Chief Judicial Magistrate, Palakkad, before whom proceedings under Section 14 of the Act have been initiated. Therefore, according to the learned standing counsel for the bank, the remedy of the petitioners lies in filing an appeal under the Act before the Debts Recovery Tribunal. I am also satisfied that insofar as there are disputed questions of fact, for resolving which, evidence is necessary, the petitioners' remedy lies elsewhere where the petitioners can adduce evidence in support of their contention. Without prejudice to that right, this writ petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2