Aseena vs The Sub Divisional Magistrate on 17 July, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 3331 of 2007(V)


1. ASEENA, D/O.LATE M.K.IBRAHIM,
                      ...  Petitioner

                        Vs



1. THE SUB DIVISIONAL MAGISTRATE,
                       ...       Respondent

2. THE VIJAYA BANK, KIZHAKKENCHERY,

3. THE AUTHORISED OFFICER,

                For Petitioner  :SRI.SAJAN VARGHEESE K.

                For Respondent  :SRI.K.ANAND (A.201)

The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :17/07/2008

 O R D E R
                      J.B.KOSHY & P.N.RAVINDRAN, JJ.
                            --------------------------------------
                           W.P.(C).No.3331 OF 2007
                            -------------------------------------
                              Dated 17th July, 2008

                                     JUDGMENT

Koshy,J.

The second respondent bank and third respondent authorized

officer approached the District Magistrate under Section 14 of the

Securitisation and Reconstruction of Financial Assets and Enforcement of

Security Interest Act, 2002 for assistance in taking possession of the secured

assets owned by the writ petitioner. Section 14 of the above Act reads as

follows:

“14. Chief Metropolitan Magistrate or District
Magistrate to assist secured creditor in taking
possession of secured asset.-(1) Where the possession
of any secured asset is required to be taken by the
secured creditor or if any of the secured asset is required
to be sold or transferred by the secured creditor under the
provisions of this Act, the secured creditor may, for the
purpose of taking possession or control of any such
secured asset, request, in writing, the Chief Metropolitan
Magistrate or the District Magistrate within whose
jurisdiction any such secured asset or other documents
relating thereto may be situated or found, to take
possession thereof, and the Chief Metropolitan Magistrate
or, as the case may be, the District Magistrate shall, on
such request being made to him-

(a) take possession of such asset and documents relating
thereto; and

(b) forward such assets and documents to the secured
creditor.

(2) For the purpose of securing compliance with the
provisions of sub-section (1), the Chief Metropolitan

W.P.(C).3331/2007 2

Magistrate or the District Magistrate may take or
cause to be taken such steps and use, or cause to be
used, such force, as may, in his opinion, be necessary.

(3) No act of the Chief Metropolitan Magistrate
or the District Magistrate done in pursuance of this
section shall be called in question in any court or
before any authority.”

The above section mandates that bank can approach only the District

Magistrate or Chief Metropolitan Magistrate for assistance and the District

Magistrate is not authorised to delegate the function and he cannot make

over the matter to the Sub Divisional Magistrate for passing orders. A

delegate without authority cannot further delegate. The District

Magistrate has to take up the matter and pass orders according to law.

Since Ext.P7 order was passed by the authority without jurisdiction, we set

aside the same only on that question and no other grounds raised in the writ

petition are considered in this judgment. The District Magistrate can pass

orders in the petition filed before it. Respondents 2 and 3 can follow up the

matter.

The writ petition is allowed to the above extent.

J.B.KOSHY
JUDGE

P.N.RAVINDRAN
JUDGE

tks