IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 4TH JUNE 2008 / 14TH JYAISHTA 1930 WP(C).No. 33944 of 2007(N) -------------------------- PETITIONER: ----------------- M/S.SUNDARAM HOME FINANCE LTD., SHANMUGHAM ROAD, ERNAKULAM, KOCHI-31, REPRESENTED BY ITS DULY AUTHORISED OFFICER, SENIOR MANAGER, S.NARAYANAN, AGED 42, S/O.N.V.SUBRAMANIAN. BY ADV. SRI.VARGHESE C.KURIAKOSE SRI.PRAVEEN K. JOY SRI.E.M.MURUGAN RESPONDENTS: --------------------- 1. STATE OF KERALA, REP. BY CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM. 2. DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, TRIVANDRUM DISTRICT, TRIVANDRUM. 3. THE SUPERINTENDENT OF POLICE, TRIVANDRUM. 4. THE TAHSILDAR, CHIRAYINKEEZHU TALUK, TRIVANDRUM DISTRICT. 5. THE VILLAGE OFFICER, EDAVA VILLAGE, CHIRAYINKEEZHU TALUK, TRIVANDRUM DISTRICT. 6. MR.HASHIM MOHAMMED ABDULLA K.M.HOME, EDAVA P.O., TRIVANDRUM 7. MRS.JASEELA HASHIM, W/O MR.HASHIM MOHAMMED ABDULLA K.M.HOME, EDAVA P.O., TRIVANDRUM BY SR.GOVT.PLEADER P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) 33944/2007 APPENDIX PETITIONER'S EXHIBITS:- EXT.P1:- A TRUE PHOTOSTAT COPY OF THE SALE DEED NO.4197/1/99 OF SRO, VARKALA EXT.P2:- A TRUE PHOTOSTAT COPY OF THE DEMAND NOTICE DATED 07.06.2004 EXT.P3:- A TRUE PHOTOSTAT COPY OF THE APPLICATION BEFORE THE 2ND RESPONDENT EXT.P4:- A TRUE PHOTOSTAT COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT EXT.P5:- A TRUE PHOTOSTAT COPY OF THE LOCATION SKETCH ISSUED BY THE 5TH RESPONDENT EXT.P6:- A TRUE PHOTOSTAT COPY OF THE PLAN PRODUCED BY 6TH AND 7TH RESPONDENTS EXT.P7:- A TRUE PHOTOSTAT COPY OF THE ESTIMATE PRODUCED BY 6TH AND 7TH RESPONDENTS EXT.P8:- A TRUE PHOTOSTAT COPY OF NO OBJECTION CERTIFICATE PRODUCED BY 6TH AND 7TH RESPONDENTS EXT.P9:- A TRUE PHOTOSTAT COPY OF THE REQUEST FOR FURTHER ASSISTANCE DATED 28.12.2005 -TRUE COPY- P.A. TO JUDGE pac S.SIRI JAGAN, J = = = = = = = = = = = = = = = = W.P.(C).No. 33944 OF 2007 = = = = = = = = = = = = = Dated this the 4th day of June, 2008. J U D G M E N T This writ petition is filed seeking a direction to the 2nd respondent to consider Ext.P9 application and pass orders on the same and directing the respondents 3 and 5 to render assistance to the authorised officer of the petitioner for taking possession of the properties involved as contemplated under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. Although notices have been served on the respondents 6 and 7, who were the borrowers bound to surrender the property, there is no appearance on their behalf. 2. I have heard the learned counsel for the petitioner. 3. Under Section 14 of the Act, it is the duty of the 2nd respondent to render necessary assistance to the petitioner to take possession of the security interest. Accordingly I direct the 2nd respondent to consider Ext.P9 and take appropriate action as contemplated under Section 14 of the Act, as expeditiously as possible at any rate within one month from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. S.SIRI JAGAN, JUDGE bkn/-