IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 8TH JUNE 2011 / 18TH JYAISHTA 1933 WP(C).No. 9863 of 2011(G) ------------------------------------- PETITIONER: ------------------- P.C.JOSEPH, S/O.P.J.CHACKO, HOUSE NO.I/673, UPPUTHARA GRAMA PANCHAYAT, KARIMPANANPATHALIL, PUTHUKKATTU HOUSE, LONETREE P.O., UPPUTHARA, IDUKKI. BY ADVS. SRI.T.A.UNNIKRISHNAN, SRI.K.S.PRAVEEN. RESPONDENT: ---------------------- THE STATE BANK OF TRAVANCORE, ELAPPARA BRANCH, REPRESENTED BY ITS CHIEF MANAGER & AUTHORISED OFFICER, IDUKKI DISTRICT, PIN-685 501. BY ADV. SRI.SATHISH NINAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.9863 of 2011 ------------------------------------------- Dated this the 8th day of June, 2011 J U D G M E N T ---------------------- This writ petition was filed at a stage when proceedings under Section 14(1) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) was initiated at the behest of the respondent Bank, which was pending before the Chief Judicial Magistrate Court, Thodupuzha. On the basis of submissions made by the learned counsel for the petitioner to the effect that, the property involved in the proceedings which was pending before the Chief Judicial Magistrate Court has not been dispossessed, this court granted an interim stay against dispossession making it clear that the stay will be operative only if it is not already dispossessed. 2. In the affidavit filed along with I.A.8600/11, it is averred by the respondent that on 29.3.2011 at about 12 noon the Advocate Commissioner appointed by the CJM court had taken over physical possession of the property, with the assistance of the police. Ext.R1(b) is the Mahazar prepared by the Advocate Commissioner in this regard. It is further stated that, pursuant to the report filed by the Advocate Commissioner, W.P.(C).9863/11 -2- the proceedings in question was closed by the CJM court through Ext.R1(c) order in which it is mentioned that the Advocate Commissioner had taken over possession of the secured asset and the same was handed over to the respondent Bank. It is further contended by the respondent Bank that, subsequent to taking over possession of the property by the Advocate Commissioner, the petitioner herein had trespassed into the property and started residing in the house situated therein, taking advantage of the interim order passed by this court and also taking advantage of the fact that this court remained closed for mid summer vacation. The respondent Bank is seeking a direction under the above premise to command the petitioner to hand over vacant possession of the property in question along with the residential house situated therein. 3. Learned counsel for the petitioner raises a contention that the immovable property, which is the secured asset, does not include the residential building situated therein and that the residential building belongs to the petitioner whereas the property in question stands in the name of his wife. The allegation regarding the dispossession from the residence on the basis of the action of the Advocate Commissioner is also disputed. W.P.(C).9863/11 -3- 4. However, I am not inclined to enter upon any findings regarding the claim now raised by the petitioner with respect to the residential house situated in the property. If the petitioner had violated the action taken by the Advocate Commissioner and violated Ext.R1(c) order issued by the Chief Judicial Magistrate Court, it is left open to the respondent Bank to seek appropriate remedy by invoking jurisdiction vested under Section 14(1). It is also left open to the petitioner to seek appropriate remedy if any available under law to establish his claims on the property, against the SARFAESI proceedings initiated. The writ petition is dismissed with the above observations, and reserving rights available to both parties available under law, as indicated above. C.K.ABDUL REHIM, JUDGE. okb