IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 29TH JANUARY 2009 / 9TH MAGHA 1930 WP(C).No. 870 of 2009(C) ----------------------------------- PETITIONERS: --------------------- 1. M.PRABHAKARAN, S/O.SANKARAN NAIR, MAVULLY HOUSE, ANGADIPURAM, VALAMBOOR P.O., PERINTHALMANNA, MALAPPURAM DISTRICT. 2. R.RAMANI, W/O. M.PRABHAKARAN, MAVULLY HOUSE, ANGADIPURAM, VALAMBOOR P.O., PERINTHALMANNA, MALAPPURAM DISTRICT. BY ADV. MR.C.M. MOHAMMED IQUABAL. RESPONDENTS: ----------------------- 1. SOUTH INDIAN BANK, PERINTHALMANNA BRANCH, P.O. PERINTHALMANNA, MALAPPURAM DISTRICT. 2. CHIEF MANAGER (AUTHORISED OFFICER), SOUTH INDIAN BANK, REGIONAL OFFICE, KOZHIKODE, WEST HILL POST, KOZHIKODE. 3. M/S.VALLUVANADU GADHI AND VILLAGE INDUSTRIES DEVELOPMENT CO-OPERATIVE SOCIETY LTD., REPRESENTED BY ITS SECRETARY, ANGADIPURAM, MALAPPURAM DISTRICT. 4. P.K.RAMAN NAMBOODIRI, KARIPPATH, SREENILAYAM, VALAMBOOR P.O., PERINTHALMANNA, MALAPPURAM DISTRICT. R1 & R2 BY ADVS. MR.GEORGE VARGHESE,SC, MR.A.KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/01/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.870 of 2009-C = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 29th day of January, 2009. JUDGMENT The second petitioner is the wife of the first petitioner. They contend that the action taken against their property under the SARFAESI Act is unsustainable on account of the failure to take appropriate action against respondents 3 and 4. It is also pointed out that an item of property is a piece of agricultural land which is exempted from the provisions of the SARFAESI Act. These are matters the petitioners can raise in proceedings under Section 17 of the SARFAESI Act before the DRT. Now, DRT, K & L is manned by a presiding officer on regular basis. There is no reason why the petitioners should not go to that authority to voice their grievances. The writ WP(C)870/2009 -: 2 :- petition is hence dismissed without prejudice to that course, however preserving the interim order dated 9-1-2009 for a period of one month to enable the petitioners to move the DRT. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/060209