IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 31ST MARCH 2009 / 10TH CHAITHRA 1931 WP(C).No. 10388 of 2009(P) -------------------------- PETITIONER(S): --------------- 1. LAKSHMI.K., AGED 60 YEARS, W/O.NARAYANAN, VRINDAVAN, CHEPPAD P.O., HARIPPAD, ALAPPUZHA. 2. SHIBUKUMAR, AGED 34 YEARS, S/O.C.R.NARAYANAN, VRINDAVAN, CHEPPAD P.O., HARIPPAD, ALAPPUZHA. BY ADV. SRI.A.SHAFEEK (KAYAMKULAM) RESPONDENT(S): --------------- SOUTH INDIAN BANK, REGIONAL OFFICE, THIRUVANANTHAPURAM REPRESENTED BY ITS CHIEF MANAGER. ADV. SRI.K.K.JOHN,SC,SOUTH INDIAN BANK FOR R THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B RADHAKRISHNAN, J ........................................... WP(C).NO. 10388 OF 2009 ............................................ DATED THIS THE 31st DAY OF MARCH, 2009 JUDGMENT The first petitioner is the mother of a soldier, who is stated to have died in a war. This is evidenced by Ext.P1. The second petitioner is his brother. They were provided a loan by the respondent to run a LPG Agency in the name of the first petitioner on account of the demise of her son. Petitioners state that they belong to Scheduled Castes Scheduled Tribes. The fact remains that the business failed. There are cases filed by the petitioners against two employees alleging fraud. That is gaining attention of the police department, it is stated. 2. There are two items of properties which form the security interest. Item No.1 is a residential building and item No.2 is a piece of land with a commercial building. The second item belongs to the second petitioner. The petitioners state that if that building and land are sold at the first instance, the petitioners would save their residence. The bank points out that the commercial building has tenants. Even then the provisions of WP(C) 10388/2009 2 SARFAESI Act are fairly enough to deal with any situation that is created in relation to the sale. In the aforesaid circumstances, this writ petition is ordered directing that the bank will first proceed to sell B schedule in Ext.P6 and if funds are not generated by that sale, the bank will be at liberty to further proceed with A schedule property. However, the proclamation could be done together to save further expenditure and petitioners will not be dispossessed from the residential premises as of now. However in the event of A schedule also being sold, the petitioners will deliver vacant possession to the bank. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/1/4