IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 11TH DECEMBER 2008 / 20TH AGRAHAYANA 1930 WP(C).No. 36467 of 2008(N) -------------------------------------- PETITIONER(S): --------------------- RAGHAVAN, S/O.VELU, IYYANI HOUSE, NEDUMBAL, THOTTIPAL, TRISSUR. BY ADV. SMT.S.MUMTAZ RESPONDENT(S): ------------------------ 1. THE TRICHUR URBAN CO-OPERATIVE BANK LTD., REP. BY THE AUTHORISED OFFICER, P.B.NO.86, HEAD OFFICE, MISSION QUARTERS, TRICHUR. 2. THE TRICHUR URBAN CO-OPERATIVE BANK LTD., PATTURAKKAL BRANCH REP. BY THE SECRETARY PATTURAKKAL, TRISSUR. 3. P.B.JAYAN, S/O.P.BALAKRISHNAN, PERUMANNAN HOUSE, PARAKKOTTE LANE, PATTURAKKAL, TRISSUR. 4. BIJU N.P., S/O.PRABHAKARAN, NOCHIYEL HOUSE, SANTHI NAGARAM, CHENGALOOR P.O., THRISSUR. 5. REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE REGISTRAR OF CO-OP.SOCIETIES, THIRUVANANTHAPURAM. R5 BY GOVERNMENT PLEADER SRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.36467 of 2008-N ================================== Dated this the 11th day of December, 2008. JUDGMENT 1.The petitioner is a surety for a transaction whereby the third respondent availed a loan from the second respondent. On default, steps were taken under the SARFAESI Act. This resulted in sale through the first respondent authorized officer in favour of the fourth respondent. The petitioner seeks interference with those proceedings and for consideration of Ext.P5 representation by the fifth respondent Registrar. The Registrar cannot interfere with the matter because, he is not an authority under the SARFAESI Act. The proceedings having been found valid and have been culminated in a sale by the fourth respondent, it is also not appropriate for this Court to interfere when third party interests have intervened, even if the petitioner Wpc36467/08 2 states that he is prepared to pay the amount to the bank. The petitioner has an efficacious remedy under the SARFAESI Act. Without prejudice to that remedy, this writ petition is dismissed. Thottathil B.Radhakrishnan, Judge. sl.