IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 24TH FEBRUARY 2010 / 5TH PHALGUNA 1931 WP(C).No. 6063 of 2010(G) ---------------------------------- CMP.449/2010 OF CHIEF JUDICIAL MAGISTRATE'S COURT,THRISSUR .................... PETITIONERS: -------------------- 1. SHAJEEB M.K., S/O. LATE KUNJUMUHAMMED, AGED 30 YEARS, MUKKILAPEEDIKAYIL HOUSE, AKALAD P.O., THRISSUR-680 518. 2. ASMABI M.K., W/O. LATE KUNJUMUHAMAD, AGED 51 YEARS, MUKKILAPEEDIKAYIL HOUSE, AKALAD P.O., THRISSUR-680 518. 3. BINEESH M.K., S/O. LATE KUNJUMUHAMAD, AGED 26 YEARS, MUKKILAPEEDIKAYIL HOUSE, AKALAD P.O., THRISSUR-680 518. 4. SHEMEENA M.K., D/O. LATE KUNJUMUHAMMED, AGED 22 YEARS, MUKKILAPEEDIKAYIL HOUSE, AKALAD P.O., THRISSUR-680 518. 5. SHIHAB M.K., S/O. LATE KUNJUMUHAMMED, AGED 19 YEARS, MUKKILAPEEDIKAYIL HOUSE, AKALAD P.O., THRISSUR-680 518. BY ADV. SRI.BINOY VASUDEVAN SMT.P.G.BABITHA RESPONDENTS: ----------------------- 1. HOUSING DEVELOPMENT FINANCE CORPORATION LIMITED, REPRESENTED BY THE AUTHORISED OFFICER, BRANCH OFFICE, HDFC HOUSE, 3RD FLOOR, RAVIPURAM JUNCTION, M.G.ROAD, KOCHI-15. 2. THE AUTHORISED OFFICER, HOUSING DEVELOPMENT FINANCE CORPORATION LIMITED, HDFC HOUSE, 3RD FLOOR, RAVIPURAM JUNCTION, M.G.ROAD, KOCHI-15. BY STANDING COUNSEL SRI.K.K.CHANDRAN PILLAI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.Ramachandra Menon, J. ------------------------------------------ W.P.(C) No.6063 of 2010 ------------------------------------------ Dated this the 24th day of February, 2010 JUDGMENT The petitioner has approached this Court because of the sudden turn of events, particularly the issuance of Ext.P6 notice by the Advocate Commissioner appointed by the concerned Chief Judicial Magistrate's Court in a petition filed by the respondent Housing Development Finance Corporation Limited (HDFC) seeking physical possession of the property in question over which security interest was created in favour of the HDFC. 2. The learned counsel for the petitioners submits that the loan was availed by one Kunjumuhammed, father of the first petitioner, in the year 2006 creating security interest over the property belonging to the father of the first petitioner, who, however took his last breath on 20.2.2007. Even though the W.P.(C) No.6063 of 2010 - 2 - petitioners approached the HDFC for providing some benefits with regard to the repayment of the loan, it is stated as not positively responded from the part of the HDFC, who proceeded with coercive steps seeking to enforce the security, leading to issuance of Ext.P5 notice under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, followed by subsequent proceedings culminating in Ext.P6 notice issued by the Advocate Commissioner for taking physical possession. Learned counsel for the petitioners submits that the petitioners want to challenge the proceedings by approaching the Tribunal and that since no further notice was issued in connection with the steps for taking possession, but for Ext.P6 notice, the petitioners are constrained to approach this Court by filing the present writ petition, to have some breathing time to enable the petitioners to avail the statutory remedy. 3. Heard the learned Counsel appearing for the W.P.(C) No.6063 of 2010 - 3 - HDFC as well, who submits on instructions that the outstanding liability of the petitioners is to the tune of about Rs.18 lakhs. 4. Considering the rival submissions, this Court finds it fit and proper to relegate the petitioners to avail the statutory remedy as contemplated under the relevant provisions of law. Accordingly the petitioners may pursue such exercise in accordance with law and this writ petition is disposed of, however, making it clear that all further proceedings pursuant to Ext.P6 shall be kept in abeyance for a period of one month, on condition that the petitioners deposit a sum of Rupees five lakhs within two weeks from today; subject to further orders to be passed by the Debts Recovery Tribunal in the matter. The writ petition is disposed of as above. P.R.Ramachandra Menon, Judge vns