IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 28TH JANUARY 2011 / 8TH MAGHA 1932 WP(C).No. 37021 of 2010(C) -------------------------- PETITIONER: ------------------ SHEENA.K, AGED 30 YEARS, W/O. SHYJU, KARANGAT HOUSE, WANDOOR.P.O, MALAPPURAM DISTRICT - 679 382. BY ADVS. SRI.T.A.SHAIN SRI.K.R.SHYNE SRI.M.K.ABDULLA MANADATH RESPONDENTS: ---------------------- 1. AUTHORISED OFFICER, HOUSING DEVELOPMENT FINANCE CORPORATION LIMITED, 169, BACK BAY RECLAMATION, MUMBAI - 400 020, BRANCH OFFICE,H D F C HOUSE, RAVIPURAM JUNCTION, M.G. ROAD, KOCHI - 16. 2. THE BRANCH MANAGER, H D F C BRANCH, MANJERI, MALAPPURAM DISTRICT.PIN 676121. R2 BY ADVS. SRI.K.K.CHANDRAN PILLAI, SENIOR ADVOCATE SRI.M.K.ABDULLA (MANADATH) SRI.A.S.SAJUSH PAUL, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.37021 of 2010 ------------------------------------------- Dated this the 28th day of January, 2011 J U D G M E N T ---------------------- The petitioner is approaching this court at a stage when the Chief Judicial Magistrate Court has issued an order appointing an Advocate Commissioner to take over possession of the property under Section 14(1) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) and when the Advocate Commissioner had issued Ext.P2 notice requesting the petitioner to hand over possession of the property. 2. Eventhough this court was not inclined to entertain the writ petition on merits considering the availability of the alternative remedy, indulgence was shown in granting interim stay against dispossession subject to condition of the petitioner remitting a sum of Rs.50,000/- on or before 5.1.2011. 3. There was no representation for the petitioner on the subsequent dates, when the matter was posted on 7.1.2011 and also on today. Learned counsel for the respondent Bank intimated that the condition has not been complied with. W.P.(C).37021/10 -2- 4. Under the above circumstances I am not inclined to entertain this writ petition any further. The writ petition is accordingly dismissed. C.K.ABDUL REHIM, JUDGE. okb