Petitioners challenged SARFAESI proceedings on agricultural land. The Court held that this is not a writ jurisdiction issue under Article 226 due to the availability of an alternative remedy. Writ dismissed with coercive proceedings deferred for four weeks.
Coercive proceedings against petitioners deferred for four weeks to enable them to seek alternative remedy.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
WEDNESDAY, THE 24TH DAY OF JUNE 2015/3RD ASHADHA, 1937
WP(C).No. 16161 of 2015 (U)
PETITIONER(S) :
1. P.P.MANUAL, AGED 43 YEARS, SON OF MR.POULOSE, PUTHENPURACKAL HOUSE, SOUTH VELLARAPILLY (PO), KALADY, ERNAKULAM-683 580.
2. GIJI MANUAL, AGED 37 YEARS, WIFE OF MR.P.P.MANUEL, PUTHENPURACKAL HOUSE, SOUTH VELLARAPILLY (PO), KALADY, ERNAKULAM-683 580
BY ADVS.SRI.SHAJI CHIRAYATH SMT.JIJI M. VARKEY SMT.SAVITHA GANAPATHIYATAN SRI.M.M.SHAJAHAN SRI.M.RETHEESHKUMAR
RESPONDENT(S) :
1. UNION OF INDIA, MINISTRY OF FINANCE DEPARTMENT OF FINANCIAL SERVICES, 3RD FLOOR, JEEVAN DEEP BUILDING, SANSAD MARG, NEW DELHI, PIN-110 001, REPRESENTED BY IS FINANCE SECRETARY.
2. FEDERAL BANK LIMITED, REGISTERED OFFICE, ALUVA (PO), ERNAKULAM DISTRICT, PIN CODE-683 101, REPRESENTED BY ITS MANAGING DIRECTOR.
3. BRANCH MANAGER,
4. BRANCH MANAGER, FEDERAL BANK LIMITED, THOTTAKKATTUKARA BRANCH, PARACKAL TOWRS, U.C.COLLEGE (PO), ALUVA, ERNAKULAM, PIN CODE-683 102.
5. AUTHORISED OFFICER, FEDERAL BANK LIMITED, THOTTAKKATTUKARA BRANCH, PARACKAL TOWRS, U.C.COLLEGE (PO), ALUVA, ERNAKULAM, PIN CODE-683 102.
..2/-
..2..
WP(C).No. 16161 of 2015 (U)
6. NATIONAL BANK FOR AGRICULTURAL& RURAL DEVELOPMENT (NABARD), DEPARTMENT OF REFINANCE, 3RD FLOOR, 'A' WING C-24, 'G' BLOCK BANDRA KURLA COMPLEX, BANDRA (EAST), MUMBAI, PIN CODE-400 051, REPRESENTED BY ITS CHIEF GENERAL MANAGER.
7. RESERVE BANK OF INDIA, DEPARTMENT OF BANKING SUPERVISION, 21ST FLOOR, CENTRAL OFFICE BUILDING, SHAHID BHAGAT SINGH MARG, FORT, MUMBAI, MAHARASHTRA, PIN CODE-400 001, REPRESENTED BY ITS EXECUTIVE DIRECTOR.
8. CENTRAL REGISTRAR, CENTRAL REGISTRY FOR SECURITISATION & SECURITY INTEREST OF INDIA, 5TH FLOOR, MTNL TELEPHONE EXCHANGE BUILDING 8-BHIKAJI CAMA PLACE, NEW DELHI, PIN CODE-110 066.
9. SOUMYA CHANDRAN,
R1 BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL ADV. SRI.S.BIJU, CGC
R2 TO R5 BY ADVS. SRI.A.ANTONY
SMT.LEELAMMA ANTONY SRI.K.P.KURIAKOSE R9 BY ADVS. SRI.B.RAMACHANDRAN SMT.NIVYA VALSAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Msd.
WP(C).No. 16161 of 2015 (U)
APPENDIX
PETITIONER(S)' EXHIBITS
RESPONDENT(S)' EXHIBITS :
NIL
//TRUE COPY//
P.A.TO JUDGE.
Msd.
A.MUHAMED MUSTAQUE, J.
W.P.(C).No.16161 of 2015
Dated this the 24th day of June, 2015
J U D G M E N T
The dispute in this writ petition pertaining to the initiation of 'SARFAESI' proceedings in respect of the property which, according to the petitioners, is agricultural land.
Accordingly, this writ petition is disposed of relegating the petitioners to seek alternative remedy for redressing their grievances. However, coercive proceedings against the petitioners shall be deferred for a period of four weeks to seek alternate remedy.
Sd/- A.MUHAMED MUSTAQUE, JUDGE.
AV
1 issue framed by the court
Whether the initiation of SARFAESI proceedings regarding agricultural land can be questioned under Article 226 when an alternative remedy exists.
2 provisions across 2 enactments
P.P.Manual
Giji Manual
Union of India
Federal Bank Limited
NABARD
Reserve Bank of India
A.Muhammed Mustaque
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
