IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 WP(C).No. 30904 of 2008(D) -------------------------- PETITIONER(S): --------------- SINDHU V.LAL, W/O.V.SINILAL, SININILAYAM, PRAMADOM, MALLASERY P.O., PATHANAMTHITTA DISTRICT. BY ADV. SRI.BECHU KURIAN THOMAS RESPONDENT(S): --------------- 1. KERALA STATE CO-OPERATIVE BANK LTD., PATHANAMTHITTA BRANCH, COLLEGE ROAD, PATHANAMTHITTA. REPRESENTED BY ITS BRANCH MANAGER. 2. THE AUTHORIZED OFFICER (REGIONAL MANAGER IN CHARGE), KERALA STATE CO-OPERATIVE BANK LTD., THIRUVANANTHAPURAM REGIONAL OFFICE, THIRUVANANTHAPURAM. 3. STATE OF KERALA, DEPARTMENT OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM REPRESENTED BY DEPUTY REGISTRAR (ADMINISTRATION). R1, R2 BY ADV.SRI.NAGARAJ NARAYANAN R3 BY GOVT. PELADER SRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.30904 OF 2008 ------------------------------------------- Dated this the 31st day of October, 2008 JUDGMENT The petitioner was served with notice under Section 13 (2) of the SARFAESI Act issued on 26.7.2005 on the basis of accruals to the tune of Rs.7,60,868/- as on 1.7.2005. No prompt repayment was made in spite of the classification of the security as an NPA. With the passage of time, as of now, the property is listed for sale after symbolic possession. The accrued interest on the aforesaid amount from 1.7.2005 also gets added on. The plea of the petitioner is that even as per the reserve price fixed in Ext.P2, the property is a valuable piece and even the reserve price is above the total amount due to the bank and therefore, only a portion of the land need be sold. A perusal of the description of the land shows that there is 35 cents of land. The petitioner says that there is a residential building in that plot. Under such circumstances, while repelling all other contentions and foreclosing the petitioner's right, if any, to move the Debt Recovery Tribunal against the impugned proceedings since she WPC.30904/08 Page numbers has invoked writ jurisdiction by filing this writ petition, it is directed that if the petitioner appears before the authorised officer at the time of sale or make appropriate representation on her behalf, suggesting ways and means of selling only a portion of the property notified for sale, the authorised officer will consider the said suggestion and feasibility of such sale, and the sale of the whole property will be resorted to only if there is no person among the available purchasers for purchase of the portion of the property. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.