IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 23RD JUNE 2011 / 2ND ASHADHA 1933 WP(C).No. 8727 of 2011(M) ------------------------- PETITIONER:- ------------------- DR.MURALIKRISHNA DEV, S/O.APPU VAIDYAR, CHERUVELIPADIKKAL HOUSE, VALAVAYAL POST, PAPLASSERY, KENICHIRA, WAYANAD DISTRICT, PIN 673 596. BY ADV. SRI.B.SAINU RESPONDENTS:- --------------------- 1. PUNJAB NATIONAL BANK, CIRCLE OFFICE, SHATHABDI BHAVAN, MINI BYPASS, GOVINDAPURAM, KOZHIKODE : 673 016. 2. THE CHIEF MANAGER/AUTHORISED OFFICER, PUNJAB NATIONAL BANK, KOZHIKODE : 673 016. 3. THE DISTRICT COLLECTOR, WAYANAD : 673 696. 4. THE VILLAGE OFFICER, ERULAM, MALAPPURAM. ADV. SRI.C.AJITH KUMA, SC FOR R1 & R2. GOVT.PLEADER SRI.BIJOY CHANDRAN FOR R3 AND R4. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 8727 of 2011(M) APPENDIX PETITIONER'S EXHIBITS:- P1: COPY OF THE PASSBOOK. P2: COPY OF THE NOTICE DATED 26.7.2010. P3: COPY OF THE POSSESSION NOTICE DTD.18.1.2011. P4: COPY OF THE RECEIPT DTD.4.4.2011. RESPONDENTS EXHIBITS:- NIL. ( TRUE COPY ) P.A. TO JUDGE. Kvs/- C.K.ABDUL REHIM, J. = = = = = = = = = = = = WP(C).No.8727 of 2011-M. = = = = = = = = = = = = Dated this the 23rd June, 2011. J U D G M E N T Considering the effective remedy available under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), this court was not inclined to entertain this writ petition. However, on the basis of persuasive submissions made on behalf of the petitioner, an interim stay was granted against dispossession of the petitioner from the property, subject to condition of the petitioner remitting an amount of Rs.1 lakh, within two weeks from 21.3.2011. Inspite of lapse of three months, the petitioner had not complied with the condition. It is noticed that IA.No.6745/2011 was filed seeking extension of time, during April, 2011. But the petitioner has not moved the above said extension petition, nor any extension of time was granted by this court at any point of time. Since the WP(C).No.8727/2011-M. 2 petitioner had failed to comply with the condition inspite of lapse of three months, I am not inclined to entertain this writ petition any further, in order to exercise the discretionary jurisdiction vested on this court, in favour of the petitioner. Accordingly, the writ petition is dismissed. 2. However, rights if any available to the petitioner to invoke statutory remedy against the impugned proceedings will stand reserved. C.K.ABDUL REHIM, (Judge) Kvs/-