Mathachan Varghese vs North Malabar Gramin Bank on 11 February, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 31128 of 2009(I)


1. MATHACHAN VARGHESE,
                      ...  Petitioner

                        Vs



1. NORTH MALABAR GRAMIN BANK,
                       ...       Respondent

                For Petitioner  :SRI.V.RAJENDRAN (PERUMBAVOOR)

                For Respondent  :SRI.DEVAN RAMACHANDRAN

The Hon'ble the Acting Chief Justice MR.P.R.RAMAN
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :11/02/2010

 O R D E R
                     P.R.RAMAN, Ag.C.J.
                                     &
          THOTTATHIL B.RADHAKRISHNAN, J.
                 -------------------------------------------
                  W.P(C).No.31128 OF 2009
                -------------------------------------------
           Dated this the 11th day of February, 2010


                            JUDGMENT

Thottathil B.Radhakrishnan, J.

This writ petition is filed seeking a declaration regarding

the action taken against the property in question under

the Securitisation and Reconstruction of Financial Assets

and Enforcement of Security Interest Act, 2002 (SARFAESI

Act). The correctness of the decision rendered by the

learned single Judge in W.P(C).15135/09 is also raised. That

judgment stands reversed vide separate judgment rendered

today in W.A.No.155/10. Accordingly, this writ petition is

allowed to the extent of declaring that rubber plantations

and other lands on which rubber is cultivated are

agricultural lands and hence exempted from the provisions

of the SARFAESI Act and any action thereunder would

be void. The fact that the land in question is planted

WPC.31128/09

2

with rubber is not in dispute. Therefore, the impugned

proceedings are quashed. The writ petition is allowed

accordingly.

Sd/-

P.R.RAMAN,
Ag.Chief Justice.

Sd/-

THOTTATHIL B.RADHAKRISHNAN,
Judge.

kkb.15/02.