IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 28TH OCTOBER 2008 / 6TH KARTHIKA 1930 WP(C).No. 28972 of 2008(Y) ------------------------------------- CRMP.8899/2007 of C.J.M.,KOLLAM .................... PETITIONER(S): ---------------------- VIMALA DEVI, AGED 70 YEARS, W/O SIVADASAN, KAVADIYIL, SIVADAS BHAVAN, MUNDAKKAL KOLLAM. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): ------------------------- 1. THE AUTHORIZED OFFICER,(CHIEF MANAGER), STATE BANK OF TRAVANCORE, BEACH ROAD, BRANCH, KOLLAM. 2. P.KISHORE, ADVOCATE COMMISSIONER, ADVOCATE, KOLLAM. ADV. SRI.M.PATHROSE MATTHAI (SR.) FOR R1 SRI.SAJI VARGHESE FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.28972 of 2008-Y = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 28th day of October, 2008. JUDGMENT Petitioner's son availed a loan and failed to repay. He is now working in a gulf country. Since no repayment was made, the first respondent took out proceedings under the SARFAESI Act and an order has been issued under Section 14 whereby the Chief Judicial Magistrate has appointed a Commissioner to take over the assets. This writ petition is filed challenging those proceedings and seeking appropriate orders to defer distress action to provide opportunity to repay. When the matter came up on 30-9-2008, it was ordered that if the petitioner remits an amount of Rs.3 lakhs on or before 24-10-2008, the distress action will be held back till 28-10-2008,i.e., today. Learned counsel for the first respondent states that no amount was paid in spite of that interim order. WP(C)28972/08 -: 2 :- With the aforesaid facts, there is no jurisdictional error or legal infirmity that the petitioner could point out as against the impugned proceedings. The challenge, going by the grounds raised in the writ petition, is focused against the proceedings of the Chief Judicial Magistrate. I do not find any ground to interfere with the impugned proceedings. The writ petition fails. The same is accordingly dismissed. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/301008