IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 24TH NOVEMBER 2010 / 3RD AGRAHAYANA 1932 WP(C).No. 28354 of 2010(T) -------------------------- PETITIONER(S): ---------------------- FAZIL.A, S/O.AHAMMED KUNJU, KULATHILAZHIGOM, AYIROOR P.O., VARKKALA, CHIRAYINKIL HOUSE,THIRUVANANTHAPURAM. BY ADV. SRI.ABRAHAM P.GEORGE SRI.T.K.VENUGOPALAN SMT.SOUMINI JAMES RESPONDENT(S): ------------------------ 1. THE FEDERAL BANK LTD., REGIONAL OFFICE, FEDERAL TOWERS,STATUE,THIRUVANANTHAPURAM REPRESENTED BY THE CHIEF MANAGER, PIN-695 023. 2. AUTHORISED OFFICER AND CHIEF MANAGER, THE FEDERAL BANK LTD., REGIONAL OFFICE, FEDERAL TOWERS, STATUE,THIRUVANANTHAPURAM - 695 023. 3. M.A.RAHIM, S/O.MUHAMMED HANIFA, RASEENA MANZIL, VANCHIYOOR P.O, ALAMCODE VIA ATTINGAL, CHIRAYINKIL TALUK, TRIVANDRUM DISTRICT- 695 035. 4. MRS.M.A.RASEENA, W/O.RAHIM, RAZEENA MANZIL, VANCHIYOOR P.O, ALAMCODE VIA, ATTINGAL, CHIRAYINKIL TALUK,TRIVANDRUM DISTRICT- 695 035. ADV. SRI.GEORGE VARGHESE (MANACHIRACKEL), SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON ON 24/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt C.K.ABDUL REHIM, J. -------------------------------- W.P.(C)No. 28354 of 2010 ----------------------------------------------- DATED: 24th day of November, 2010 JUDGMENT In this writ petition, the petitioner is challenging proceedings initiated under Section 14(1) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) before the Chief Judicial Magistrate, Thiruvananthapuram. By virtue of an interim order issued on 14.9.2010, this court had granted stay against dispossession of the petitioner from the property for a period of one month subject to condition of the petitioner remitting a sum of Rs.1,25,000/- within three weeks. 2. Learned counsel for the respondent bank submitted that the petitioner had failed in complying with the condition and pursuant to orders issued by the Chief Judicial Magistrate court, the property in question was already taken over possession. There is no representation for the petitioner when the matter was taken up for consideration on today. W.P.(C)No. 28354 of 2010 2 3. Under the above circumstances, it is evident that reliefs sought for in this writ petition has become infructuous. Accordingly, this writ petition is dismissed as infructuous. C.K.ABDUL REHIM, JUDGE. dmb