IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 12TH AUGUST 2009 / 21ST SRAVANA 1931 WP(C).No. 20276 of 2009(D) -------------------------- PETITIONERS: --------------- 1. JOBINS PHILLIP, S/O.PHILLIP JOSEPH, KONNAKATTU HOUSE, VALLIYATHOVALA, NEDUMKANDAM P.O., IDUKKI DISTRICT. 2. PHILLIP JOSEPH, KONNAKATTU HOUSE, VALLIYATHOVALA, NEDUMKANDAM P.O., IDUKKI DISTRICT. BY ADV. MR. SUMAN CHAKRAVARTHY RESPONDENTS: --------------- 1. THE AUTHORIZED OFFICER, IDUKKI DISTRICT CO-OPERATIVE BANK, H.O.IDUKKI, IDUKKI COLONY P.O., IDUKKI. 2. THE IDUKKI DISTRICT CO-OPERATIVE BANK REPRESENTED BY ITS SECRETARY, IDUKKI COLONY P.O., IDUKKI. BY ADV. MR. P.C. SASIDHARAN, STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 20276 of 2009 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 12th day of August, 2009 JUDGMENT The case projected by the petitioners in the present Writ Petition is that, the proceedings taken by the respondent Bank, invoking the relevant provisions under the SARFAESI Act itself are not maintainable, since the property over which the security interest has been created is an 'agricultural land' and stands outside the scheme and scope of the enactment by virtue of the relevant exclusion clause under Section 31 (i) of the Act. 2. Heard the learned counsel appearing for the respondent Bank as well. 3. Obviously, the contention raised in the present Writ Petition requires to be adjudicated on the basis of the evidence to be adduced from both the sides. This in turn cannot be decided in a Writ Petition, invoking the discretionary jurisdiction under Article 226 of the Constitution of India. The remedy of the petitioners lies else where. Interference is declined and the Writ Petition is dismissed accordingly. This will be without prejudice to the right of the petitioners to approach the appropriate forum, if so advised. P. R. RAMACHANDRA MENON, JUDGE kmd