IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 3RD APRIL 2008 / 14TH CHAITHRA 1930 WP(C).No. 11430 of 2008(I) -------------------------- PETITIONER: ------------ 1. ANILKUMAR.P.V, S/O. BALAKRISHNAN JEWELLERY WORKS, KHADER COMPLEX PANOOR JUNCTION, RESIDING AT EGRATH HOUSE PANOOR POST, KANNUR DISTRICT 2. MANSOOR ALI V.K.,S/O.T.V. ALI ROYAL BAKERS, KHADER COMPLEX PANOOR JUNCTION, RESIDING AT THAZHE VEMMERINTAVIDE HOUSE, PANOOR POST, KANNUR DISTRICT 3. M.SUBAIDA HELLO DEAR FANCY AND GIFTS, KHADER COMPLEX PANOOR JUNCTION, RESIDING AT MOTTAMMAL HOUSE CHEMBAD POST, KANNUR DISTRICT 4. P.KUMARAN,S/O. CHATHU,COCONUT OIL MERCHANT,KHADER COMPLEX,PANOOR JUNCTION, RESIDING AT MADATHANKANDI THAZHA MUNYIL, PANOOR POST, KANNUR DISTRICT 5. P.PUSHPA,RISHER JEWELLERY WORKS KHADER COMPLEX,PANOOR JUNCTION, RESIDING AT APSARAS,PANOOR POST, KANNUR DISTRICT. 6. P.RENUKA,SASINDRA JEWELLERY OFFICE KHADER COMPLEX,PANOOR JUNCTION, RESIDING AT APSARAS,PANOOR POST, KANNUR DISTRICT. 7. M.SHEEBA,SASINDRA JEWELLERY OFFICE KHADER COMPLEX,PANOOR JUNCTION, RESIDING AT APSARAS,PANOOR POST, KANNUR DISTRICT. 8. K.K.BALAMANIAMMA,'SOUMYA' FANCY AND TAILORING,KHADER COMPLEX ,PANOOR JUNCTION, RESIDING AT LATHA NIVAS, PANOOR POST, KANNUR DISTRICT. 9. SURESH BABU .K.K.,FRUIT MERCHANT KHADER COMPLEX ,PANOOR JUNCTION, RESIDING AT KOOTTERIKANDIYIL, PANOOR POST, KANNUR DISTRICT. WPC 11430/08 10. S.SURESH ,GOLD WORKS, KHADER COMPLEX ,PANOOR JUNCTION, RESIDING AT VANNATHAN BEVIDE, PANOOR POST, KANNUR DISTRICT. 11. JAFFAR,S/O. (LATE) KUNHAMMED JAS GULF COLLECTIONS, KHADER COMPLEX ,PANOOR JUNCTION, RESIDING AT VANNATHAN BEVIDE PANOOR POST, KANNUR DISTRICT. 12. SANTHOSH,S/O. MUKUNDAN SANDHYA ELECTRONICS, KHADER COMPLEX ,PANOOR JUNCTION, RESIDING AT KOLLAMKANDY HOUSE PANOOR POST, KANNUR DISTRICT. 13. SUMA MANOJ, 'TECHNOVISION' KHADER COMPLEX ,PANOOR JUNCTION, RESIDING AT REMA NIVAS PANOOR POST, KANNUR DISTRICT. 14. DR.MALLIGA JAYA NATH,DENTAL CLINIC KHADER COMPLEX ,PANOOR JUNCTION, RESIDING AT SREENIVAS HOUSE PANOOR POST, KANNUR DISTRICT. 15. LISIE JOSEPH,W/O.P.M.ABRAHAM ALIAS SUNNY,INDIAN MEDICAL LABORATORY, KHADER COMPLEX ,PANOOR JUNCTION, RESIDING AT PEEDIYEKKAL, COURT ROAD, THALASSERY. BY ADV. SRI.M.SASINDRAN SRI.TOJAN J. VATHIKULAM RESPONDENTS: ------------------- 1. UNION BANK OF INDIA REPRESENTED BY REGIONAL MANAGER REGIONAL OFFICE, KOZHIKODE. 2. THE AUTHORISED OFFICER AND CHIEF MANAGER, UNION BANK OF INDIA ,REGIONAL OFFICE, KOZHIKODE. 3. THE DISTRICT COLLECTOR KANNUR. 4. THE TAHSILDAR THALASSERY, KANNUR DISTRICT WPC 11430/2008 5. THE SUPERINTENDENT OF POLICE KANNUR 6. KUNHAYISSU, W/O.Y.M.ABDUL KHADER SHAHANAZ MANZIL, C.P.ROAD CHOKLI POST, KANNUR DISTRICT BY SC FOR BANK SRI.AV.THOMAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------------------- W.P.C.No.11430 of 2008 ------------------------------------------- Dated this the 3rd day of April, 2008 JUDGMENT The petitioners herein are all tenants of a commercial building by name Khader Complex. Admittedly, the building is mortgaged to the first respondent bank. Following the defaults that were committed by the landlord, proceedings were initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. 2. According to the bank, symbolic possession was taken as early as on 12.7.2007 and now the bank wants to take over possession of the building. In order to enable the petitioners to shift out from the premises they were issued Exts.P2, P3 and such other notices. It is stated that the petitioners did not move out and therefore, the bank proposes to take further auction pursuant to the order that issued under the Act. At this stage, this writ petition has been filed. 3. The learned for the petitioners submit that the bank has not properly exercised their discretion as to whether the tenants should be evicted. Though the learned counsel for the WPC 11430/2008 2 writ petitioners has raised several contentions on the merits of the action taken by the bank, I do not find any force in the submissions made. 4. However, considering the fact that the petitioners are all tenants running commercial establishments, I feel that their immediate eviction will cause dislocation to the business that is carried on by the petitioners. Therefore, I think that the bank should postpone further proceedings for a short while, so that the petitioners can search out other premises for shifting their business. In view of this, I direct that further proceedings pursuant to Exts. P2 and P3 shall stand deferred for a period of four weeks from today and in the meanwhile, it will be open to the petitioners to shift their shops to other premises. The writ petition is disposed of as above. ANTONY DOMINIC, JUDGE csl