IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 WP(C).No. 11896 of 2010(J) -------------------------- MC.41/2010 of C.J.M.,THODUPUZHA .................... PETITIONER(S): --------------- RAMACHANDRAN V., AGED 42 YEARS, S/O.VEERAN, KALARIPPARAYIL HOUSE, UDUMBANCHOLA P.O., IDUKKI DISTRICT. BY ADV. SRI.GEO PAUL SRI.SANU MATHEW SRI.C.R.PRAMOD SRI.NOEL JOSEPH SRI.M.B.SANDEEP SRI.K.V.REJANISH RESPONDENT(S): --------------- MANAGER, THE IDUKKI DISTRICT CO-OPERATIVE BANK LTD, IDUKKI. BY G.P. SRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J. ------------------------ W.P.(C)No. 11896 OF 2010 ------------------------ Dated this the 8th day of April, 2010 JUDGMENT The petitioner contends that the property involved herein is an 'agricultural land', which is exempted under Section 31(i) of the SARFAESI Act and hence no proceedings under the said Act are liable to be pursued at the instance of the Bank. 2. The learned counsel for the respondent Bank submits on instructions that the property is not at all an 'agricultural land' and that making use of the loan availed, the building was constructed by the petitioner in the said property itself, which can never be exempted under any circumstances. . In view of the disputed question of facts, this Court finds that this is a matter which requires further evidence before the appropriate forum. Accordingly, interference is declined and the Writ Petition is dismissed, without prejudice to the right of the petitioner to approach the DRT. P.R.RAMACHANDRA MENON, JUDGE. dpk.