IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 25TH JUNE 2010 / 4TH ASHADHA 1932 WP(C).No. 7638 of 2010(D) ------------------------------------ MP.8188/2009 of C.J.M.,THODUPUZHA .................... PETITIONER(S): ------------------------- AUTHORISED OFFICER, DEWAN HOUSING FINANCE CORPORATION LTD, IST FLOOR, K.M.M. BUILDING, PALARIVATTOM, ERNAKULAM. BY ADV. SRI.K.THYAGARAJESWARAN RESPONDENT(S): ------------------------- 1. P.T.SATHYARAJAN, S/O.THANKAPPAN, RAJA VILLA, KARUNAPURAM VILLAGE, BALAGRAM, IDUKKI - 685 585. 2. USHA SATHYAN, W/O.SATHYARAJAN, RAJA VILLA, KARUNAPURAM VILLAGE, BALAGRAM, IDUKKI - 685 585. R1 BY ADV. SRI.T.I.ABDUL SALAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J -------------------------------------------- WP(C) NO. 7638 OF 2010 -------------------------------------------- Dated this the 25th day of June, 2010 JUDGMENT The petitioner financial institution is challenging the correctness and sustainability of Ext.P1 order passed by the concerned Chief Judicial Magistrate, whereby CMP No.8188/2009 preferred by the petitioner under Section 14 of the SARFAESI Act, seeking for assistance to take physical possession of the property in question has been turned down, observing that the petitioner was absent and that there was no representation. The correctness of the factual position is seriously disputed from the part of the petitioner as narrated in paragraph 6 of the Writ Petition. 2. Heard the learned counsel appearing for the 1st respondent as well. 3. Considering the relief proposed to be given, this Court does not find it necessary to go into the correctness or otherwise of the contentions raised. This Court finds that nothing prevents the petitioner from filing a fresh petition before the learned Chief Judicial Magistrate, seeking necessary assistance under Section 14 of the SARFAESI Act, if so necessitated. Reserving the rights and liberties as above, this Writ Petition is disposed of, making it clear that, nothing is expressed with regard to the merits or demerits of the rival claims with regard to the loan transaction. P.R.RAMACHANDRA MENON JUDGE dnc