IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 14TH DECEMBER 2010 / 23RD AGRAHAYANA 1932 WP(C).No. 33823 of 2010(C) -------------------------- PETITIONER: ------------------- CHANDRAN PILLAI,S/O.PARAMESWARAN PILLAI, MATTATH VADAKETHIL, PATHIYOORKALA,KEERIKADU POST, VIA, KAYAMKULAM, ALAPPUZHA DISTRICT. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENTS: --------------------- 1. RAJASEKHARAN,FF-2,H.NO.201, VRINDAVAN HOUSING COLONY, PATTOM, THIRUVANANTHAPURAM,PIN-695 004. 2. STATE BANK OF INDIA, REGIONAL BUSINESS OFFICE,BEACH ROAD, ALAPPUZHA,PIN-688 001. 3. DISTRICT MAGISTRATE, ALAPPUZHA,PIN-688 001. ADV. SRI.K.K.CHANDRAN PILLAI, SENIOR ADVOCATE FOR R2 SRI.A.S.SAJUSH PAUL FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J. = = = = = = = = = = = = = = WP(C).No.33823 of 2010-C. = = = = = = = = = = = = = = Dated this the 14th day of December, 2010. J U D G M E N T Petitioner is challenging the proceedings initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). Even though this Court was not inclined to entertain the writ petition in view of the effective alternate remedy available, as a gesture of indulgence, dispossession from the property was stayed subject to condition of petitioner remitting a sum of Rs.4,00,000/-. The interim order in this regard was issued on 22.11.2010, stipulating time for payment within three weeks thereof. It is submitted that the petitioner has not complied with the condition. Under such circumstance, the writ petition could not be entertained further. However, liberty of the petitioner to approach the statutory authority, if permissible WP(C).No.33823/2010-C. 2 under law, is to be reserved. 2. In the result, the writ petition is dismissed without prejudice to the right if any available to the petitioner to invoke statutory remedy provided under the SARFAESI Act. C.K.ABDUL REHIM, (Judge) Kvs/-