IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 3RD AUGUST 2011 / 12TH SRAVANA 1933 WP(C).No. 19872 of 2011(H) ---------------------------------------- PETITIONER(S): ------------------------ SOBHANA, AGED 59 YEARS, W/O.MANI, PALLIYIL HOUSE, KERALASERY, PALAKKAD. BY ADV. SMT.T.B.MINI RESPONDENT(S): --------------------------- 1. CHIEF MANAGER, SYNDICATE BANK, AUTHORISED OFFICER, REGIONAL OFFICE, FOR ROAD, KANNUR-670 001. 2. THE CHIEF MANAGER, SYNDICATE BANK, CHEROOTY ROAD, KOZHIKODE-673 001. 3. SRI.C.VIJAYAN, S/O.R.CHAMIYAR, 424, 4TH BLOCK, EAST HILL APARTMENT, EAST HILL POST, KOZHIKODE-673 001. R1 & R2 BY ADV.SRI.R.S.KALKURA,SC, SYNDICATE BANK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.19872/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE NOTICE DATED 27/09/2010 P2 COPY OF THE PLAINT SUBMITTED BEFORE THE MUNSIFF COURT, PALAKAKD. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts S.SIRI JAGAN, J. ================== W.P.(C).No.19872 of 2011 ================== Dated this the 3rd day of August, 2011 J U D G M E N T The petitioner challenges proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, initiated by respondents 1 and 2 against the properties of the petitioner, which have been mortgaged as security for the loan amounts. The petitioner alleges fraud between the manager of the bank and the 3rd respondent in mortgaging the properties belonging to the petitioner, for which, she has not consented to. I am of opinion that the petitioner should more appropriately take these contentions in an application under Section 17 of the Act, where she can adduce evidence in support of her contentions. Without prejudice to that right, this writ petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge