IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 11TH FEBRUARY 2008 / 22ND MAGHA 1929 WP(C).NO. 1290 OF 2008(C) ------------------------- PETITIONER: ------------ 1. K.VIJAYAN, AGED 42, S/O LATE KOCHUPENNU, KILIYAMPADAM HARIJAN COLONY, MOOLAMKUZH, COCHI-2. 2. YAMUNA, AGED 26, D/O LATE KOCHUPENNU, -DO- BY ADV. SRI.K.S.MADHUSOODANAN SRI.T.V.JAYAKUMAR NAMBOODIRI SRI.THUSHAR NIRMAL SARATHY SRI.M.M.VINOD KUMAR SMT.K.M.RAMYA RESPONDENTS: ------------- 1. MATTANCHERY SARVAJANIK CO-OPERATIVE BANK LTD. NO.3284, P.B.NO.142, CHERALAI, REP. BY MANAGER. 2. COCHIN CORPORATION, ERNAKULAM REP. BY SECRETARY. 3. VIMALA, AGED 32, W/O VENU, VISHNUBHAVAN, ERAMALLUR, THOTTAPPALLI. BY ADV. SRI.T.A.RAJAN FOR R1 SMT.M.K.PUSHPALATHA,SC,COCHIN CORPORATION FOR R2 SRI.C.K.JAYAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)NO.1290/08 PETITIONER'S EXTS: EXT.P1: PHOTOCOPY OF THE SERVICE CERTIFICATE IN REF.NO.W.ZH1/196/03 DATED 29.3.2003. EXT.P2: PHOTOCOPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT DATED 7.9.07 AS PER SECTION 13(2) OF SECURITIZATION ACT DIRECTING TO PAY Rs.85,977/-. EXT.P3: PHOTOCOPY OF THE PETITION BEFORE THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY, FORT KOCHI ON 22-10-2007. EXT.P4: PHOTOCOPY OF THE LETTER NO.P10-026755/07 ISSUED BY THE 2ND RESPONDENT DATED 23.10.2007. EXT.P5: PHOTOCOPY OF THE LETTER OF THE 1ST RESPONDENT TO 2ND RESPONDENT DATED 19.2.2007. TRUE COPY THOTTATHIL B. RADHAKRISHNAN, J = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No. 1290 OF 2008 = = = = = = = = = = = = = = = = Dated this the 11th day of February, 2008. = = = = = = = = == = = = = = = = = = = J U D G M E N T Admittedly the amount covered by the impugned recovery is below Rs. 1 Lakh. Therefore the 1st respondent acted without authority in invoking SARFAESI Act proceedings for recovery. The impugned proceedings are accordingly set aside. The petitioner represents the estate of late Smt. Kochupennu, who died on 12.8.02 while in service of Cochin Corporation. Accordingly the 2nd respondent is directed to finalise the retirement benefits due to late Smt. Kochupennu and make available the amount at the earliest so that the legal representatives can liquidate the loan towards the bank and avoid distress action against the property. If the papers are in order, release the retirement benefits of late Smt. Kochupennu, in favour of her estates in accordance with law, within a period of two months. The date of issuance of such amount shall be intimated well in advance, by the 2nd respondent, to the 1st respondent, under due acknowledgment. The writ petition is ordered as accordingly. THOTTATHIL B. RADHAKRISHNAN JUDGE bkn/-