IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 4TH APRIL 2008 / 15TH CHAITHRA 1930 WP(C).No. 11535 of 2008(W) -------------------------- EP.561/2007 of PRL.SUB COURT,TRIVANDRUM .................... PETITIONERS:DECREE HOLDERS: -------------------------------------- 1. T.OMANA, W/O.SHOBBY, AGED 59 YEARS, "KALA VIHAR", SOCIETY ROAD, ARARMADA, KUNNAPUZHA, THIRUMALA P.O., THIRUVANANTHAPURAM. 2. KALA, D/O.SHOBBY, AGED 31 YEARS, "KALA VIHAR", SOCIETY ROAD, ARARMADA, KUNNAPUZHA, THIRUMALA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.SUMAN CHAKRAVARTHY RESPONDENTS/JUDGMENT DEBTORS & ADDL. COUNTER PETITIENRS: ----------------------------------------------- 1. N.MADHAVAN NAMBOOTHIRI, TC 18/1564(1), VALIAYAKATTAKKAL ROAD, THIRUMALA GARDENS, ARAMADA, KUNNAPPUZHA, THIRUMALA P.O., THIRUVANANTHAPURAM. 2. B.SREELATHA, W/O.MADHAVAN NAMBOOTHIRI, TC 18/1564(1), VALIAYAKATTAKKAL ROAD, THIRUMALA GARDENS, ARAMADA, KUNNAPPUZHA, THIRUMALA P.O., THIRUVANANTHAPURAM. 3. THE FEDERAL BANK LIMITED, REP. BY ITS CHIEF MANAGER, REGIONAL OFFICE, PB 303, 3RD FLOOR, FEDERAL TOWERS, MG ROAD, STATUE, THIRUVANANTHAPURAM. 4. THE AUTHORISED OFFICER, THE FEDERAL BANK LIMITED, REGIONAL OFFICE, PB 303, 3RD FLOOR, FEDERAL TOWERS, MG ROAD, STATUE, THIRUVANANTHAPURAM. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 11535 OF 2008 = = = = = = = = = = = = = = = Dated this the 4th day of April, 2008. J U D G M E N T This writ petition is preferred for a direction to respondents 3 and 4 not to proceed with the sale pursuant to Ext.P5, till the disposal of E.P.561/07 on the files of the Principal Sub Court, Thiruvananthapuram. The writ petitioner claims right over the property by virtue of attachment over the property in a decree which he has obtained. Now, unfortunately what is proceeded is a proceeding under Section 13 (2) and (4) of the Securitisation Act. As per the said Act the financial institutions are entitled to proceed and when they issue notice under Section 13(2) and take possession of the property under Section 13(4) and when there is any claim or objection from any person it is squarely covered under Section 17 of the Act. In the light of a specific provision giving the right to the person who is affected Section 34 of the Act will come into application W.P.C 11535 OF 2008 -:2:- which totally debars the jurisdiction of the civil Court. Therefore in a securitisation proceedings the Court under Article 227 of the Constitution exercising a supervisory jurisdiction is not entitled to pass an order stopping the sale of the property. It is for the writ petitioner to move the appropriate authority for the appropriate reliefs. With these observations the writ petition is dismissed. If Ext.P6 and P7 applications are pending before the Court, the same may be considered. M.N. KRISHNAN, JUDGE. ul/-