IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 14TH DECEMBER 2011 / 23RD AGRAHAYANA 1933 WP(C).No. 30829 of 2011(C) ---------------------------------------- PETITIONER(S): ------------------------ MUSOLINI, AGED 40 YEARS, S/O. EARNEST, NAVONNI HOUSE, MARANAD, PUTHUKURICHI. P.O., THIRUVANANTHAPURAM. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENT(S): ------------------------- 1. THE AUTHORIZED OFFICER, STATE BANK OF TRAVANCORE, REGION-III, ZONAL OFFICE, THIRUVANANTHAPURAM-695 001. 2. THE BRANCH MANAGER, PUTHUKURICHI BRANCH, STATE BANK OF TRAVANCORE, PUTHUKURICHI. P.O., THIRUVANANTHAPURAM-695 046. 3. STATE BANK OF TRAVANCORE, REPRESENTED BY THE ZONAL MANAGER, REGION-III, ZONAL OFFICE, THIRUVANANTHAPURAM-695 001. * ADDL. R4 IMPLEADED ADDL. R4: SMT.MARIA GLORY, W/O.THIYONS, HOUSE NO.A-5, FISHERMAN COLONY, MARIANAD, PUTHUCURICHY P.O., THIRUVANANTHAPURAM-695 303. * ADDL. R4 IS IMPLEADED, VIDE ORDER DATED 09/12/2011 IN I.A.19566/2011. R1 TO R3 BY ADV. SRI.R.S.KALKURA, SC. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 30829 of 2011(C) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE PASS BOOK ISSUED TO THE PETITIONER BY THE KERALA FISHERMEN'S WELFARE FUND BOARD. EXT.P2 TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 12-9-2007. EXT.P3 TRUE COPY OF THE SALE NOTICE ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DT. 3-12-2009. EXT.P4 TRUE COPY OF THE ENCUMBRANCE CERTIFICATE ISSUED BY THE SUB REGISTRAR'S OFFICE, KZHAKKOOTTAM. EXT.P5 TRUE COPY OF THE LAWYER NOTICE ISSUED ON BEHALF OF THE PETITIONER TO THE 1ST RESPONDENT DATED 4-10-2011. RESPONDENT'S ANNEXURES:- ANNEXURE R1A COPY OF THE SALE CERTIFICATE DULY REGISTERED WITH KAZHAKOOTTAM SUB-REGISTRY OFFICE. ANNEXURE R1B COPY OF THE ENCUMBRANCE CERTIFICATE DATED 13/09/2011 ISSUED BY THE SUB-REGISTRY OFFICE, KAZHAKOOTTAM. //TRUE COPY// P.A. TO JUDGE rs S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.30829 of 2011 ---------------------------------------------- Dated this the 14th day of December, 2011 JUDGMENT The petitioner challenges proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act initiated by respondents 1 to 3 for recovery of loan amounts due from the petitioner. 2. The learned Standing Counsel for the Bank points out that the sale is long over and the sale certificate has also been issued and registered. 3. Although the petitioner impleaded the purchaser as a party to the writ petition, the petitioner has not taken out notice to the additional respondent. The learned counsel for the petitioner today submits that the petitioner has not turned up to take out notice to the additional respondent as directed by this Court. 3. I have heard the matter. W.P.(C)No.30829/11 2 It is settled law that proceedings under the Act have to be challenged in an application under Section 17 of the Act before the Debts Recovery Tribunal. The Supreme Court has repeatedly disapproved of High Courts entertaining writ petitions challenging such proceedings since there is an effective alternate remedy. In the above circumstances, this writ petition is dismissed. S. SIRI JAGAN, JUDGE acd W.P.(C)No.30829/11 3