IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 18TH AUGUST 2009 / 27TH SRAVANA 1931 WP(C).No. 11028 of 2009(W) -------------------------- CMP.6025/2008 of C.J.M.,TRIVANDRUM .................... PETITIONER: --------------- MR. CLARANCE R.B. AGED 34 YEARS, S/O RAFAEL, KARIKKANTHALA PUTHEN VEEDU, MAXHAVANCODE, KATTAKADA, THIRUVANANTHAPURAM BY ADV. MR. P.V.ANIL MR. S.SAJIN RESPONDENTS: --------------- 1. THE AUTHORISED OFFICER, CHIEF MANAGER (ADVANCES), STATE BANK OF TRAVANCORE, REGION II, ZONAL OFFICE, SANTHI NAGAR, THIRUVANANTHAPURAM 2. MR. P. THANKACHAN, PROPRIETOR, STAR COMMUNICATION, SOUMYA BHAVAN, KATTAKADA, THIRUVANANTHAPURAM BY STANDING COUNSEL MR. KS. DILEEP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 11028 of 2009 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 18th day of August, 2009 JUDGMENT The petitioner is challenging the coercive steps taken by the respondent Bank invoking the relevant provisions under the SARFAESI Act apprehending immediate dispossession. 2. The learned counsel appearing for the respondent Bank submits that, the Bank has not even taken symbolic possession as on date and it is also made clear that the petitioner can either approach the Bank with any concrete suggestion to settle the liability or can pursue appropriate remedy before the DRT, if there is any grievance. 3. In the above facts and circumstances, interference is declined. This is without prejudice to the right of the petitioner to approach the DRT or the Bank as the case may be, making it clear that the petitioner shall not be physically dispossessed for a period of three months. The Writ Petition is disposed of accordingly. P. R. RAMACHANDRA MENON, JUDGE kmd