IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 14TH NOVEMBER 2008 / 23RD KARTHIKA 1930 WP(C).No. 26910 of 2008(C) --------------------------------------- PETITIONER: ------------------- HOUSING DEVELOPMENT FINANCE CORPORATION LIMITED, H.D.F.C. HOUSE, RAVIPURAM JUNCTION, RAVIPURAM, COCHIN -15, REPRESENTED BY ITS OFFICER (RECOVERIES), MR. ARUN KUMAR N. BY ADV. SRI.P.V.GEORGE(ONAKKOOR), SRI.REJI GEORGE, SRI.S.K.MOHAMED SAJEER, SMT.MANJU RAJAN. RESPONDENTS: ------------------------ 1. THE DISTRICT COLLECTOR/ DISTRICT MAGISTRATE, PALAKKAD. 2. MANIKANDAN T., PALLATH HOUSE, MANNANOOR P.O., KAVALAPPARA (VIA), PALAKKAD. R1 BY GOVT. PLEADER SRI. I.V. PRAMOD. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.26910/2008-C: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE SETTLEMENT DEED NO. 350/2004 DTD. 15/02/2004 OF SHORNUR SUB REGISTRY. EXT.P.2: COPY OF THE DEMAND NOTICE DTD. 20/02/2008 ISSUED BY THE PETITIONER TO THE R.2. EXT.P.3: COPY OF THE APPLICATION DTD. 12/07/2008 FILED BY THE PETITIONER UNDER SECTION 14 OF THE SECURITISATION ACT BEFORE THE R.1. EXT.P.4: COPY OF THE LETTER DTD. 07/08/2008 ISSUED BY THE R.1. TO THE PETITIONER. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.26910 of 2008-C = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 14th day of November, 2008. JUDGMENT The impugned Ext.P4 appears to have been generated on some error in Ext.P3 in as much as it does not contain paragraph 9. An apprehension of obstruction, which would generate action under Section 14 of the SARFAESI Act, would arise only on invocation of the authority under Section 13 (4) and taking the measure thereby. This does not necessarily mean that the petitioner is to go for a physical confrontation with the debtor before filing an application under Section 14. It is a measure which takes under Section 13(4) that matters. Therefore, when it publishes a notice under Section 13(4) and takes symbolic possession by such exercise, it is entitled to file an application under Section 14 for immediate assistance for actual physical dispossession. In WP(C)26910/08 -: 2 :- this view of the matter, while confirming Ext.P4, it is directed that the petitioner will be at liberty to file a fresh application in accordance with law before the competent authority under Section 14 for appropriate emergent expedite disposal. The writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/