IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 8TH SEPTEMBER 2010 / 17TH BHADRA 1932 WP(C).No. 27905 of 2010(K) ----------------------------------------- PETITIONER(S): ----------------------- SAJI POULOSE,W/O.K.C.POULOSE, KURIYAPPILLY HOUSE,POOVATHUSSERY, MALA, THRISSUR DISTRICT. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENT(S): ------------------------- 1. M/S. FEDERAL BANK, MALA BRANCH. MALA PO, MALA, PIN-680 732,THRISSUR DISTRICT, REPRESENTED BY ITS BRANCH MANAGER. 2. DISTRICT MAGISTRATE(DISTRICT COLLECTOR) CIVIL STATION,AYYANTHOLE,PIN-680 003, AYYANTHOLE PO,THRISSUR. GOVERNMENT PLEADER MR. BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J. --------------------------- W.P.(C) No. 27905 OF 2010 -------------------------- Dated this the 8thday of September, 2010 J U D G M E N T The relief sought for in this writ petition is for a writ of mandamus restraining the respondents from initiating action against the petitioner under the SARFAESI Act, without following the procedure prescribed therein. According to the petitioner, no notice has been issued so far under Section 13(2) of the SARFAESI Act. 2. I find no reason to presume that the respondent bank will initiate proceedings under the SARFAESI Act, without due compliance of the procedure prescribed under that statute. Further if the petitioner was issued with any notice under Section 13(2), it is left open to him to raise objections against such demand. 3. In the above circumstances, the present writ petition is highly premature and is one filed on the basis of some anticipated grievances for which no relief could be granted, Under the above circumstances, the writ petition is dismissed, without prejudice to rights of the petitioner to challenge proceedings, if any initiated, before the appropriate authority. C.K.ABDUL REHIM (JUDGE) vps WPC No. 2