IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.P.R.RAMAN & THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 11TH FEBRUARY 2010 / 22ND MAGHA 1931 WP(C).No. 31128 of 2009(I) -------------------------- PETITIONER(S): --------------- MATHACHAN VARGHESE, AGED 38 YEARS, S/O.VARGHESE, KUREEKKAL HOUSE, MARAMBILLI P.O., ALUVA TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.V.RAJENDRAN (PERUMBAVOOR) SRI.N.J.MATHEWS RESPONDENT(S): --------------- NORTH MALABAR GRAMIN BANK, ALUVA BRANCH, REP. BY BRANCH MANAGER AND AUTHORIZED OFFICER UNDER SARFASI ACT. ADV. SRI.DEVAN RAMACHANDRAN SRI.SUMESH KUMAR N.C. SRI.K.M.ANEESH SRI.K.SANTHOSH KUMAR (KALIYANAM) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN, Ag.C.J. & THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.31128 OF 2009 ------------------------------------------- Dated this the 11th day of February, 2010 JUDGMENT Thottathil B.Radhakrishnan, J. This writ petition is filed seeking a declaration regarding the action taken against the property in question under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). The correctness of the decision rendered by the learned single Judge in W.P(C).15135/09 is also raised. That judgment stands reversed vide separate judgment rendered today in W.A.No.155/10. Accordingly, this writ petition is allowed to the extent of declaring that rubber plantations and other lands on which rubber is cultivated are agricultural lands and hence exempted from the provisions of the SARFAESI Act and any action thereunder would be void. The fact that the land in question is planted WPC.31128/09 2 with rubber is not in dispute. Therefore, the impugned proceedings are quashed. The writ petition is allowed accordingly. Sd/- P.R.RAMAN, Ag.Chief Justice. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.15/02.