IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 29TH JULY 2009 / 7TH SRAVANA 1931 WP(C).No. 21414 of 2009(V) -------------------------- PETITIONER: --------------- GLAISY CHAKKUNNY, W/O.CHAKKUNNY, KOMBARA HOUSE, KOTTAYIL ROAD, CHOWANNUR, KUNNAMKULAM. BY ADV. MS. S.MUMTAZ RESPONDENT: --------------- THE TRICHUR URBAN CO-OPERATIVE BANK LTD REP. BY THE AUTHORISED OFFICER P.B.NO.86, MISSION QUARTERS, TRICHUR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 21414 of 2009 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 29th day of July, 2009 JUDGMENT The petitioner has approached this Court challenging the proceedings taken by the respondent invoking the provisions under the SARFAESI Act, particularly when the physical possession of the concerned property is being taken over, pursuant to the steps taken under Section 14 of the Act. The petitioner has also conceded in the Writ Petition that, she had already approached the Debt Recovery Tribunal, Ernakulam, for redressal of the grievance and the DRT was pleased to pass an interim order, on condition, which however could not be complied with on time. 2. Since the petitioner has already approached the appropriate authority, pursuing the statutory remedy as provided under the SARFAESI Act, no interference is called for under Article 226 of the Constitution of India. In the above circumstances, the Writ Petition is dismissed, without prejudice to the right of the petitioner to pursue the remedy in accordance with law in the proceedings stated as pending before the DRT. P. R. RAMACHANDRA MENON, JUDGE kmd