IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 8TH DECEMBER 2010 / 17TH AGRAHAYANA 1932 WP(C).No. 36242 of 2010(E) --------------------------------------- PETITIONER: ------------------- GOPALAKRISHNA PILLAI, S/O.PADMANABHA PILLAI, AGED 57 YEARS, MANAGER, LIC, THRISSUR, RESIDING AT NEW GOKULAM, PEROOR, TKM COLLEGE P.O., KOLLAM-691 005. BY ADVS. SRI.V.JAYAPRADEEP, SRI. SANEESH KUNJU. RESPONDENTS: ------------------------ 1. THE ANDHRA BANK LTD., M.G.ROAD, THIRUVANANTHAPURAM-695 006, REPRESENTED BY ITS CHIEF MANAGER. 2. THE VILLAGE OFFICER, PARASALA, THIRUVANANTHAPURAM-695 502. 3. TAHSILDAR, NEYYATTINKARA, THIRUVANANTHAPURAM-695 001. R1 BY ADV. SRI. ABRAHAM MATHEW. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/12/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Prv. ANTONY DOMINIC, J. ================ W.P.(C) NO. 36242 OF 2010 ===================== Dated this the 8th day of December, 2010 J U D G M E N T According to the petitioner, he purchased 34 cents of land from one Smt.Nandhini. It is stated that long after the sale, respondent Bank has now issued proceedings against the property by issuing Ext.P7. It is in these circumstances, the writ petition has been filed contending that the proceedings initiated by the Bank against the property in question is illegal and therefore should be quashed. 2. From the submissions that are made by the standing counsel appearing for the Bank, what has emerged is that, long before the property was sold in favour of the petitioner, the previous owner had mortgaged the property to the Bank along with other items of property. It is stated that default was committed and that therefore the Bank initiated proceedings under the Securitisation Act. It is submitted that it was in the course of the aforesaid proceedings that the Bank has issued Ext.P7. 3. Admittedly, the property is one which is mortgaged to WPC No. 36242/10 :2 : the respondent Bank and default has been committed by the vendor of the petitioner. In such circumstances, if the Bank has taken recourse to the proceedings under the Securitisation Act, which is perfectly permissible and this court cannot find fault with the Bank. Therefore, no relief as sought for by the petitioner can be granted. 4. Be that as it may, I leave it open to the petitioner to pursue with the bank for settling the dispute, in which event, it is upto the Bank to consider the request and pass orders thereon. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp