IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 17TH FEBRUARY 2009 / 28TH MAGHA 1930 WP(C).No. 5223 of 2009(W) ------------------------- PETITIONER(S): --------------- VARGHESE, S/O. AUGUSTHY, AGED 62 YEARS, CHETTANIYIL HOUSE, MANJAPARA KARA, VAZHATHOP PANCHAYATH, IDUKKI VILLAGE, IDUKKI. BY ADV. SRI.JOHNSON MANAYANI RESPONDENT(S): --------------- 1. KERALA STATE CO-OPERATIVE BANK LTD., HEAD OFFICE, REP. BY ITS PRESIDENT. 2. THE PRESIDENT, KERALA STATE CO-OPERATIVE BANK LTD., H.O, TRIVANDRUM. 3. THE BRANCH MANAGER, KERALA STATE CO-OPERATIVE BANK LTD., IDUKKI DISTRICT. 4. THE DISTRICT COLLCTOR, COLLECOTRATE, PAINAVU, IDUKKI. 5. THE AUTHORISED OFFICER, KERALA STATE CO-OPERATIVE BANK, LTD., A SCHEDULED BANK REGIONAL OFFICE, DORAISWAMY IYER ROAD, COCHIN. 6. STATE OF KERALA, REP. BY ITS SECRETARY TO CO-OPERATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. ADV. SRI.NAGARAJ NARAYANAN,SC,K.S.CO-OP BANK FOR R1-3&5 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B RADHAKRISHNAN, J ........................................... WP(C).NO. 5223 OF 2009 ............................................ DATED THIS THE 17 TH DAY OF FEBRUARY, 2009 JUDGMENT The impugned Ext.P5 is a notice under Section 13(2) of the SARFAESI Act. That cannot generate a litigation in view of the law laid down by Apex Court in Mardia Chemicals V. Union of India (2004(4) SCC 311). The plea of the petitioner that the loan was availed by his son in 1998 and later his son committed suicide in 2002 may be grounds which the petitioner may canvass before the bank for further action under the SARFAESI Act. But that need not generate any decision from this court. Even if any measure is taken under Section 13(4), petitioner has an alternate remedy before the Debt Recovery Tribunal. Writ petition is hence dismissed without prejudice to what is stated above. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/18/2