IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 7TH JANUARY 2010 / 17TH POUSHA 1931 WP(C).No. 36012 of 2009(V) -------------------------- PETITIONER: ------------------- SAJI SEBASTIAN, SON OF DEVASIA, RESIDING AT THOTTAPPALLIL HOUSE, PADINJATTUMBHAGOM KARA, ATHIRAMPUZHA VILLAGE, KOTTAYAM DISTRICT. BY ADV. MR.ABRAHAM GEORGE JACOB. RESPONDENTS: ------------------------ 1. STATE BANK OF TRAVANCORE, THIRUVANANTHAPURAM, REPRESENTED BY THE MANAGER, STATE BANK OF TRAVANCORE, ATHIRAMPUZHA BRANCH, ST.MARYS FORANE CHURCH BUILDINGS, ATHIRAMPUZHA P.O., KOTTAYAM-686 562. 2. CHIEF MANAGER (ADV), AUTHORISED OFFICER, REGION I, STATE BANK OF TRAVANCORE, ZONAL OFFICE, KOTTAYAM. R1 & R2 BY MR. SATHISH NINAN, SC, SBT. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.36012/2009-V: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE SALE DEED NO.3397/2006 DTD. 08/09/2006 OF THE ETTUMANOOR S.R.O. EXT.P.2: COPY OF THE TAX RECEIPT DTD. 10/10/2006 ISSUED BY THE ATHIRAMPUZHA VILLAGE OFFICE. EXT.P.3: COPY OF THE TAX RECEIPT DTD. 09/10/2009 ISSUED BY THE ATHIRAMPUZHA VILLAGE OFFICE. EXT.P.4: PHOTOGRAPH OF THE BOARD PLACED IN THE PROPERTY OF THE PETITIONER. EXT.P.5: COPY OF THE ENCUMBRANCE CERTIFICATE PERTAINING TO THE PROPERTY OF THE PETITIONER ISSUED BY THE ETTUMANOOR SRO, DTD. 04/11/2009. EXT.P.6: COPY OF THE NOTICE DTD. 06/11/2009 ISSUED BY THE COUNSEL FOR THE PETITIONER TO THE RESPONDENTS. EXT.P.7: COPY OF THE UNDATED LETTER ISSUED BY THE R.1. EXT.P.8: COPY OF THE COVERING LETTER DTD. 30/11/2009 ISSUED BY THE PETITIONER. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.36012 OF 2009 --------------------------------------- Dated this the 7th day of January, 2010. J U D G M E N T The petitioner is aggrieved by the initiation of proceedings under the SARFAESI Act against the property having 8 cents in extent in resurvey No.220/9-1 of Athirampuzha village of which the petitioner is the owner. The petitioner is an autorickshaw driver and he purchased the property by Exhibit P1 sale deed. Thereafter mutation was effected and Exhibits P2 and P3 are the copies of tax receipts produced in support of his claim for possession. It is the case of the petitioner that he had no transaction with the Bank and therefore, the proceedings are without any justification. 2. Heard the learned Standing Counsel for the Bank. It is submitted that the vendor of the petitioner one Joseph George had mortgaged an extent of 15.06 Ares of land to the Bank for availing of loan. The property which was purchased by the petitioner was also part of the mortgaged property. It is pointed W.P.(C) No.36012/2009 2 out that the sale that was effected to the petitioner was not informed to the Bank. It is also submitted that the Bank has already exempted the petitioner's property from sale which is evident from the sale notice dated 10.12.2009 (published in the New Indian Express, Cochin edition), a copy of which was submitted before me for perusal. It is further submitted that the Bank has no intention to proceed against the properties of the petitioner shown in the relief portion of the writ petition. The same is recorded. It is pointed out that a board as shown in Exhibit P4 is placed in the properties of the petitioner which, according to the learned counsel for the petitioner, is causing hardship to the petitioner. Learned Standing Counsel for the Bank submitted that the same will be removed without any delay. The said submission is also recorded and appropriate action will be taken by the Bank in that regard without any further delay. This writ petition is accordingly disposed of. T.R. RAMACHANDRAN NAIR JUDGE smp