IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 28TH MAY 2008 / 7TH JYAISHTA 1930 WP(C).No. 15427 of 2008(J) -------------------------- PETITIONER: ------------ DHARMARAJAN, D/O. LATE KOCHUPAPPI, AGED 60 YEARS, AMRUTHA VIHAR, CHARAMANGALAM, MUHAMMA P.O., ALAPPUZHA. BY ADV. SRI.K.M.MOHAMMED KUNHI RESPONDENTS: ------------- 1. STATE BANK OF INDIA, ADB, ALAPPUZHA, REPRESENTED BY ITS MANAGER, STATE BANK OF INDIA, AGRICULTURAL DEVELOPMENT BRANCH, ALAPPUZHA. 2. THE DISTRICT COLLECTOR, ALAPPUZHA. 3. MOHANAMBIKA T.B., THEKKETHAYIL, ASRAMAM WARD, AVALAKUNNU P.O., ALAPPUZHA. 4. SREENIVASAN P.V., THEKKETHAYIL, ASRAMAM WARD, AVALAKUNNU P.O., ALAPPUZHA. BY GOVERNMENT PLEADER SRI. I.V. PRAMOD SRI. K.K. CHANDRAN PILLAI - SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.15427 OF 200 ---------------------------------------- Dated this the 28th day of May, 2008 JUDGMENT The petitioner is the guarantor for re-payment of loan amounts taken by respondents 3 and 4. Proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act have been initiated for recovery of the loan amounts due, by proceeding against the petitioner's property. The petitioner, therefore, challenges those proceedings. 2. The learned Standing Counsel appearing for the bank submits that respondents 3 and 4 had earlier approached this Court by filing W.P.(C) No.10242/08, in which the petitioner was also a party, in which the facility to pay the amounts in instalments has been granted to the principal debtors. He therefore, submits that this writ petition is not maintainable. 3. The learned counsel for the petitioner submits that, that writ petition was disposed of without issuing notice to the petitioner. Notwithstanding that contention, I feel that the W.P.(c)No.15427/08 2 remedy of the petitioner lies in either challenging the said judgment or by seeking review of that judgment and not to file another writ petition seeking further reliefs. Therefore, I am not inclined to entertain this writ petition and accordingly, the same is dismissed. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.15427/08 3