IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 24TH FEBRUARY 2011 / 5TH PHALGUNA 1932 WP(C).No. 3301 of 2011(K) -------------------------------- PETITIONER(S): ------------------- 1. CHANDY THOMAS, AGED 69 YEARS, S/O.CHANDY PATHIYAMOOLA HOUSE, PALLIPURAM P.O., THAVANAKADAVU,CHERTHALA-688 541. 2. MOLLY THOMAS, AGED 64 YEARS, W/O.THOMAS,PATHIYAMOOLA HOUSE, PALLIPURAM P.O., THAVANAKADAVU,CHERTHALA-688 541. 3. ALEXANDER SAMUEL THOMAS, AGED 29 YEARS, S/O.THOMAS,PATHIYAMOOLA HOUSE, PALLIPURAM P.O., THAVANAKADAVU,CHERTHALA-688 541. 4. PREMA BABY, AGED 40 YEARS, S/O.THOMAS,PATHIYAMOOLA HOUSE, PALLIPURAM P.O., THAVANAKADAVU,CHERTHALA-688 541. BY ADVS. SRI.K.S.HARIHARAPUTHRAN SRI.M.D.SASIKUMARAN SRI.GEORGE MATHEW SRI.DIPU JAMES SMT.K.V.RAMYA RESPONDENT(S): --------------------- 1. STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, GOVERNMENT SECRETRIAT, THIURUVANANTHAPURAM-695 001 2. THE DISTRICT COLLECTOR, CIVIL STATION, ALAPPUZHA-688 001. 3. THE FEDERAL BANK LTD, REPRESENTED BY ITS CHAIRMAN & MANAGING DIRECTOR, REGISTERED OFFICE, ALUVA-693 101. svs ..............2/-... ...2... WPC. NO.3301/2011 4. THE AUTHORISED OFFICER AND CHIEF MANAGER, THE FEDERAL BANK LTD, REGIONAL OFFICE, SREE RAJESWARI BUILDINGS, CHURCH ROAD, ALAPPUZHA-688 001. 5. THE FEDERAL BANK LTD, POOCHAKKAL BRANCH, POOCHAKKAL P.O., CHERTHALA, REPRESENTED BY ITS MANAGER,688 526. R1 & R2 BY GOVT.PLEADER SRI.BIJOY CHANDRAN R4 BY ADVS. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHI SMT.REENA THOMAS SRI.L.RAM MOHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J. ------------------------------- W.P.(C).No.3301 of 2011 ------------------------------- Dated this the 24th day of February, 2011. J U D G M E N T Coercive steps initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) and sale of immovable property proclaimed pursuant to Ext.P6 notice, are under challenge in this writ petition. Considering the effective alternative remedy available, this Court was not inclined to entertain this writ petition. However, as a gesture of indulgence, confirmation of sale if any takes place was directed to be kept in abeyance, subject to condition of the petitioners remitting a sum of ` 5 lakhs within two weeks from 1.2.2011. Subsequently, on the request of the petitioners the time stipulated for payment was extended for a period of ten days from 14.2.2011. But the petitioners have failed to comply with the condition. It is also stated that the sale proclaimed under Ext.P6 was not materialised. 2. Under the above circumstances, I am not inclined to 2 W.P.(C).No.3301 of 2011 entertain this writ petition any further. Accordingly, this writ petition is dismissed. 3. However, it is brought to my notice by the learned counsel appearing for the petitioners that certain amounts were due to the petitioners under the land acquisition proceedings, which will be paid by the revenue authorities within a short period, and that the petitioners will settle payment with the bank utilising the said amounts. It is made clear that, despite disposal of this writ petition the petitioners will be at liberty to approach the Bank seeking appropriate remedy for settling the account. C.K.ABDUL REHIM, Judge ami/