IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 20TH NOVEMBER 2009 / 29TH KARTHIKA 1931 WP(C).No. 30330 of 2009(I) -------------------------- PETITIONER(S): --------------- PARAMAL VISWANATHAN ALIAS NEELANGAL VISWANATHAN AGED 56 YEARS, S/O.KELAPPAN, RESIDING AT PARAMALVEEDU, NORTH POILOOR POST, PANOOR, KANNUR DISTRICT. BY ADV. SRI.FRANKLIN CHELLATH RESPONDENT(S): --------------- KERALA STATE CO-OPERATIVE BANK LTD REPRESENTED BY ITS BRANCH MANAGER, KANNUR. RM APARTMENTS SOUTH BAZAR, TALAP, KANNUR 670002. ADV. SRI.NAGARAJ NARAYANAN,SC,K.S.CO-OP BANK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: shg/ C.K. ABDUL REHIM, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 30330 of 2009 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of November, 2009 J U D G M E N T 1. Challenge in this writ petition is against proceedings initiated under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). Consequent to failure in repayment of the loan availed by the petitioner from the respondent, proceedings were initiated and notice under Section 13 (2) was issued to the petitioner. Challenge is on the ground that the immovable property which is the secured asset is an agricultural land and the same cannot be proceeded against under the provisions contained in Section 31 (g) & (i) of the SARFAESI Act. 2. With respect to a notice under Section 13 (2) the petitioner has got liberty to file objection and if any objection is filed the respondent or the authorized officer is W.P.(C)No. 30330 of 2009 -2- bound to consider the same. Needless to say that the petitioner has got an effective alternate remedy against action if any taken under Section 13 (4), subsequent to the notice, which is now impugned. Therefore the issue need not be considered in this writ petition. 3. Accordingly the writ petition is dismissed without prejudice to the rights of the petitioner to challenge action if any taken, before the appropriate statutory forum. All contentions raised in this writ petition are left open for challenge. C.K. ABDUL REHIM JUDGE shg/