IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 9TH FEBRUARY 2009 / 20TH MAGHA 1930 WP(C).No. 4254 of 2009(F) ----------------------------------------- PETITIONER(S): ------------------------ THILOTHAMA.V.S., W/O.LATE P.K.RAVINDRAN, 19/1307, PADDKKARA, PALLURUTHY, KOCHI – 682 006. BY ADV. SMT.JAYASREE MANOJ RESPONDENT(S): -------------------------- CANARA BANK, REPRESENTED BY ITS MANAGER, FORT KOCHI BRANCH, FORT KOCHI. BY ADV. MR. C.K.KARUNAKARAN, SC, CANARA BANK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss K.M. JOSEPH, J. ---------------------------- W.P.(C) NO. 4254 OF 2009 (F) ------------------------------------------------------ Dated this the 9th day of February, 2009 J U D G M E N T Petitioner challenges Exhibits P2 and P3. Exhibit P2 is a notice issued under SARFAESI Act. It is issued in 2007. Exhibit P3 is the order passed by the Chief Judicial Magistrate, Ernakulam dated 15th December 2008 by which the Commissioner is appointed to take over the possession of the property of the petitioner. Petitioner is the surety for a financial facility availed by her son and another who were partners of a firm. It is open to the petitioner to raise all the contentions before the appropriate authority against such measures, which are appealable under Section 17 of the SARFAESI Act. But, at the same time, I direct that the petitioner will be permitted to retain physical possession on the strength of kychit to be executed by her in favour of the Commissioner. Writ petition is disposed of as above. K.M. JOSEPH, JUDGE skr