IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 10TH DECEMBER 2008 / 19TH AGRAHAYANA 1930 WP(C).No. 317 of 2008(K) ----------------------------------- PETITIONER(S): ------------------------- 1. T.P.LILLY ,W/O. LATE T.V.SIMON THOLATH HOUSE, CHALLISSERY P.O. 679536 PALAKKAD DISTRICT. 2. JOGY SIMON,S/O. LATE T.V.SIMON THOLATH HOUSE, CHALLISSERY P.O. 679536 PALAKKAD DISTRICT. BY ADV. SRI.SHOBY K.FRANCIS RESPONDENT(S): -------------------------- 1. AUTHORISED OFFICER & CHIEF MANAGER (UNDER SARFAESI ACT 2002) INDIAN BANK, CIRCLE OFFICE, CHITTOOR ROAD, PULLEPPADI JUNCTION, COCHIN 35. 2. INDIAN BANK, KUNNAMKULAM BRANCH, WADAKKANCHERY ROAD,KUNNAMKULAM P.O., THRISSUR DISTRICT, REPRESENTED BY ITS BRANCH MANAGER. 3. SUB DIVISIONAL MAGISTRATE OTTAPPALAM, PALAKKAD DISTRICT. ADV. SRI.S.SREEKUMAR FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.317/2008 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE LETTER OF OTS DT. 25.10.04 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. P2:- COPY OF THE LAWYER NOTICE DT. 29.6.05 SEND BY THE RESPONDENT TO THE PETITIONERS. P3:- COPY OF THE LETTER DT. 31.8.98 SUBMITTED BY LATE T..SIMON ON 31.8.98. P4:- COPY OF THE SEC. 13(2) NOTICE UNDER SECURITISATION ACT DT. 31.3.06 ISSUED TO THE PETITIONERS. P5:- COPY OF THE SEC. 13(4) NOTICE DT. 23.9.06 . P6:- COPY OF THE REUEST LETTER DT. 7.10.06 SUBMITTED BY THE PETITIONER S TO THE RESPONDENT BANK. P7:- COPY OF THE JUDGMENT IN WPC. NO.29444/06 DT. 19.7.07. P8:- COPY OF THE LETTER DT. 31.7.07 ISSUED BY THE RESPONDENT BANK TO THE PETITIONERS P9:- COPY OF THE PAPER PUBLICATION IN MATHRUBHOOMI DAILY DT. 7.7.07 FOR THE SALE OF THE PROPERTY ON 8.8.07. P10:- COPY OF THE 2ND PAPER PUBLICATION DT. 25.8.07 IN MATHRUBHOOMI DAILY. P11:- COPY OF THE SALE DEED. NO.1111/1966 IN FAOUR OF IST PETITIONER. P12:- COPY OF THE RELEVANT PORTION OF THE SCHEDULE OF PROPERTIES MENTIONED IN DOCUMENT NO.1111/66(EXT.P11) DT. NIL PREPARED BY 2ND RESPONDENT. P13:- COPY OF THE LETTER DT. 10.12.07 ISSUED BY 3RD RESPONDENT IN K-3648/07. P14:- COPY OF THE OBJECTION DT. 2.1.08 SUBMITTED BY IST PETITIONER TO RESPONDENT. RESPONDENT'S EXHIBITS R2(a):- COPY OF THE LETTER DT. 16.11.76 ISSUED BY THE IST PETITIONER. R2(b):- COPY OF THE LETTER DT. 25.1.01 ISSUED BY THE IST PETITIONER. R2(c):- COPY OF THE LETTER OF ACKNOWLEDGMENT DT. 8.6.96 SIGNED AND ISSUED BY THE 2ND PETITIONER. R2(d):- COPY OF THE LETTER OF ACKNOWLEDGMENT DT. 5.2.01. R2(e):- COPY OF THE DOCUMENT NO.1177/92. R2(f):- COPY OF THE DOCUMENT NO.3 OF 1975 DT. 20.1.75 . /TRUE COPY/ P.A. TO JUDGE THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.317 OF 2008 ------------------------------------------- Dated this the 10th day of December, 2008 JUDGMENT Petitioners are debtors who faced proceedings under Section 14 of the SARFAESI Act. The only plea is that the property to be delivered has not been identified. The proceedings are now before the Sub Divisional Magistrate. Having regard to the facts of this case, it is appropriate that the bank moves the Chief Judicial Magistrate rather than the SDM. Therefore, the third respondent SDM is directed to close the impugned proceedings. If an application under Section 14 is filed before the Chief Judicial Magistrate, learned Magistrate will expedite consideration of that application and would also consider deputing an Advocate Commissioner to identify the property to be delivered in accordance with law, before effecting actual dispossession. It is also necessary that parties are given notice of the proceedings. The Chief Judicial Magistrate will ensure that proceedings are concluded within a period of two months. The writ petition is ordered accordingly. All other issues are left open. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.