IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 25TH MARCH 2011 / 4TH CHAITHRA 1933 WP(C).No. 8550 of 2011(P) ------------------------- PETITIONER(S): --------------- THARA.K.S., KINATTUVILAKATHU VEEDU, T.C. NO.31/714, PETTAH.P.O., THIRUVANANTHAPURAM. BY ADV. SRI.M.R.ANANDAKUTTAN SMT.M.A.ZOHRA SRI.R.S.MADHU SRI.MAHESH ANANDAKUTTAN RESPONDENT(S): --------------- 1. THE REGIONAL MANAGER, KERALA STATE CO-OPERATIVE BANK LTD., REGIONAL OFFICE, STATE CO-OPERATIVE BANK BUILDING, OVERBRIDGE JUNCTION, THIRUVANANTHAPURAM-695 001. 2. BABU.S., S/O. SADASIVAN, KINATTUVILAKATHU VEEDU, T.C. 31/714, PETTAH.P.O.,THIRUVANANTHAPURAM-695 014. ADV. SRI.NAGARAJ NARAYANAN, SC, K.S.CO-OP BANK FOR R-1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ami/ C.K.ABDUL REHIM, J. ------------------------------- W.P.(C).No.8550 of 2011 ------------------------------- Dated this the 25th day of March, 2011. J U D G M E N T Challenge in this writ petition is against Ext.P1 notice issued under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). Considering the effective remedy provided under the statute to raise objection or to submit representation against the demand under Section 13(2), it is not proper for this Court to interfere at this stage. Further it is noticed that, the petitioner had already approached the Lokayuktha, seeking relief with respect to the granting of one time settlement facility. Therefore, this writ petition could not be entertained. However, it is made clear that if the petitioner had submitted any objection/ representation against Ext.P1, it is obligatory on the part of the respondents to consider the same and to give a reply as contemplated under Section 13 (3A). 2 W.P.(C).No.8550 of 2011 2. Accordingly, the writ petition is disposed of directing the respondent bank to take a decision, if any objection/representation is received as contemplated under the statute. C.K.ABDUL REHIM, Judge ami/