IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 20TH JULY 2011 / 29TH ASHADHA 1933 WP(C).No. 19663 of 2011(G) ---------------------------------- PETITIONER(S): ------------------- BINU, S/O.SURENDRAN, PARAVILA VEEDU, MANJALLOOR, PATHANAPURAM,PATHANAPURAM TALUK, KOLLAM DISITRICT. BY ADV. SRI.ANCHAL C.VIJAYAN RESPONDENT(S): -------------------- 1. THE KOLLAM DISTRICT CO-OPERATIVE BANKLTD, REPRESENTED BY ITS GENERAL MANAGER, KOLLAM-691 001. 2. THE DEPUTY GENERAL MANAGER IN CHARGE, AUTHORISED OFFICER UNDER THE SARFAESI ACT, KOLLAM DISTRICT CO-OPERATIVE BANK LTD, KOLLAM-691 001. 3. V.SHAJI, LEKSHMI NIVAS, MANJALLOOR, PATHANAPURAM P.O., KOLLAM DISTRICT-691 049. 4. VASUDEVAN, S/O.NEELAKANDAN,LEKSHMI NIVAS MANJALLOOR,PATHANAPURAM P.O., KOLLAM DISTRICT-691 049. 5. RAJAMMA,W/O.VASUDEVAN, LEKSHMI NIVAS,MANJALLOOR, PATHANAPURAM P.O., KOLLAM DISTRICT-691 049. 6. SHYNI,W/O.SUDEESH, CHAITHANYA, PATHANAPURAM P.O., KOLLAM DISTRICT-691 049. R1 & R2 BY ADV. SRI.M.K. CHANDRAMOHAN DAS, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 19663/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE SALE DEED NO.1663/04 OF PATHANAPURAM SUB REGISTRY EXECUTED BY RESPONDENTS 4 AND 5 IN FAVOUR OF THE PETITIONER. P2: COPYOF THE SALE DEED NO.414/08/3 OF PATHANAPURAM SUB REGISTRY EXECUTED BY 6TH RESPONDENT IN FAVOUR OF THE PETITIONER. P3: COPY OF THE SALE DEED NO.1300/04 EXECUTED BY RESPONDENTS 4 AND 5 IN FAVOUR OF 6TH RESPONDENT. P4: COPY OF THE TAX RECEIPTS ISSUED BY THE VILLAGE OFFICER PATHANAPURAM TO THE PETITIONER DATED 26/02/2011 AND 30/06/3011. P5: COPY OF THE NOTICE NO.REC/5/2011 - 12 DATED 06/06/2011 ISSUED BY THE 2ND RESPONDENT AND PUBLISHED IN THE MALAYALA MANORAMA DAILY DATED 08/06/2011. P6: COPY OF THE PETITION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 14/07/2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.19663 OF 2011 ---------------------------------------------- Dated this the 20th day of July, 2011 JUDGMENT The petitioner challenges proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act initiated by the respondents for recovery of the loan amounts due from the petitioner. The petitioner’s contention is that the petitioner is a bona fide purchaser of the properties covered by the proceedings and therefore, the said property cannot be proceeded against. I am not inclined to entertain such a contention since the property has been mortgaged to the bank by the erstwhile owner. If the petitioner has any other claims, it is for the petitioner to approach the Debt Recovery Tribunal in an appeal as provided under the Act. Without prejudice to that right, this writ petition is dismissed. S. SIRI JAGAN, JUDGE acd