IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 30TH JANUARY 2009 / 10TH MAGHA 1930 WP(C).No. 34915 of 2008(F) -------------------------------------- PETITIONER: ------------------- SANAL KUMAR, ADVOCATE, MUNDAKKAL BUILDING, DIWAN'S ROAD, ERNAKULAM, COCHIN-16. BY ADV. MR. M.TRIPTEN. RESPONDENTS: ------------------------ 1. THE GENERAL MANAGER, FEDERAL BANK LTD.,HEAD OFFICE, ALUVA, ERNAKULAM. 2. AUTHORIZED OFICER, FEDERAL BANK LTD., MARINE DRIVE, ERNAKULAM. 3. THE MANAGER, FEDERAL BANK LTD., ERNAKULAM NORTH BRANCH, ERNAKULAM. 4. M/S EMTEX INTERNATIONAL LTD. KARINGAZHA, KOTHAMANGALAM, REP. BY ITS HONORARY MANAGING DIRECTOR, DR. VARGHESE, MUNDAKKAL, KARINGAZHA, KOTHAMANGALAM. 5. DR. VARGHESE MUNDAKKAL, KARINGAZHA, KOTHAMANGALAM. R1 TO R3 BY ADVS. MR.M.G.KARTHIKEYAN, MR.NIREESH MATHEW, R5 BY PARTY IN PERSON. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/01/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.34915/2008-F: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE OBJECTION/ REPRESENTATION DTD. 24/11/2008 SUBMITTED BY PETITIONER BEFORE THE 2ND RESPONDENT'S OFFICE. EXT.P.2: COPY OF THE ORDER PASSED IN CASE NO. 76/2000 DTD. 13/02/2002. RESPONDENTS' EXHIBITS: EXT.R2.A: COPY OF THE NOTICE DTD. 15/12/2006 SENT BY THE BANK TO THE DEFAULTERS, M/S. EMTEM INTERNATIONAL LTD & OTHERS. EXT.R2.B: COPY OF THE PAPER PUBLICATION PUBLISHED IN HINDU DAILY DTD. 27/01/2007. EXT.R2.C: COPY OF THE PAPER PUBLICATION PUBLISHED IN DEEPIKA DAILY DTD. 27/01/2007. EXT.R2.D: COPY OF THE LETTER DTD. 06/03/2008 ISSUED BY THE DISTRICT COLLECTOR TO THE TAHSILDAR, KANAYANNUR. EXT.R2.E: COPY OF THE MAHAZAR DTD. 20/09/2008. EXT.R2.F: COPY OF THE LETTER DTD. 20/09/2008 ISSUED BY R.5. EXT.R2.G: COPY OF THE UNDERTAKING DTD. 20/09/2008 EXECUTED BY THE R.5. EXT.R2.H: COPY OF THE LETTER DTD. 28/10/2008 ISSUED BY THE BANK TO THE R.5. EXT.R2.I: COPY OF THE POSSESSION NOTICE DTD. 24/11/2008 ISSUED BY THE BANK. EXT.R2.J: COPY OF THE POSSESSION NOTICE PUBLISHED IN HINDU DAILY. EXT.R2.K: COPY OF THE POSSESSION NOTICE PUBLISHED IN MATHRUBHUMI DAILY. //TRUE COPY// P.S. TO JUDGE. Prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.34915 of 2008-F = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 30th day of January, 2009. JUDGMENT The petitioner, a practicing advocate, claims that he is in possession of an area in a building which has been taken possession of by the creditor Federal Bank in exercise of authority under the SARFAESI Act. The plea is only that he is a tenant under the fifth respondent. The provisions of the SARFAESI Act essentially provide appropriate forum for adjudication of disputes. This writ petition was filed at a stage when there was no presiding officer in the DRT, K & L, on regular basis. Not only that, the issues raised by the petitioner have essentially to be proved before a competent court in accordance with law. The writ jurisdiction of this Court need not be extended to such a situation. Hence, this writ petition is dismissed without prejudice. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/120209