2025:KER:29155 W.P.(C)No.10765 of 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 WP(C) NO. 10765 OF 2025 PETITIONER/S: ALIYAMMA IYPE, AGED 74 YEARS W/O. IYPE, CHARAMEL HOUSE, KAVANA, VAZHAKULAM P.O., MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN - 686670 BY ADVS. BIJU .C. ABRAHAM THOMAS C.ABRAHAM BASIL MATHEW RESPONDENT/S: 1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, KAKKANAD, ERNAKULAM DISTRICT, PIN - 682030 3 THE SUPERINTENDENT OF POLICE (RURAL), POWER HOUSE JUNCTION, SUB JAIL ROAD, PERIYAR NAGAR, ALUVA, ERNAKULAM DISTRICT, PIN - 683101 2025:KER:29155 W.P.(C)No.10765 of 2025 2 4 THE AUTHORIZED OFFICER, IDBI BANK, EDAPPALLY BRANCH, SEA QUEEN BUILDING, NEAR CHANGAMPUZHA PARK, NATIONAL HIGHWAY 47, EDAPPALLY, KOCHI, ERNAKULAM DISTRICT, PIN - 682024 BY ADVS. SUJESH KUMAR K P KEERTHI K.NARAYANAN(K/1078/2005) S.SHALU(K/254/2012) JEEVAN JOY(K/3238/2022) THAHIR SADAF A.N.(K/003259/2024) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:29155 W.P.(C)No.10765 of 2025 3 JUDGMENT The petitioner is a guarantor in respect of a loan availed by one E.V.Anilkumar @ Manian from the respondent bank. The petitioner has also mortgaged her property to secure the repayment of the loan. The petitioner has approached this Court seeking a direction to respondents 2 and 3 to consider Ext.P5 representation filed by the petitioner, in the light of certain amendments made to the Kerala Revenue Recovery Act. It is the contention of the petitioner that on account of the amendments, the residential house of the petitioner cannot be proceeded against. 2. The learned counsel appearing for the respondent bank submits that the contention of the petitioner that the petitioner cannot be evicted from her residential house on account of certain decisions taken by the State of Kerala cannot be sustained as the bank has initiated proceedings under the SARFAESI Act. It is submitted that the executive power of the State is coextensive with that of legislative power and since the State legislature does not have any power of legislation in respect of matters related to banking, the petitioner cannot claim that 2025:KER:29155 W.P.(C)No.10765 of 2025 4 any announcement made by the State of Kerala would prevent the bank from continuing with the proceedings initiated against the petitioner. It is submitted that the bank has already taken physical possession and nothing further survives for consideration in the writ petition. It is submitted that the total liability is in excess of Rs.18 Crores. 3. Having heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent bank, I am of the view that the learned counsel for the respondent bank is right in contending that the petitioner cannot object to the proceedings under the SARFAESI Act on account of a provision (if any) introduced by amendment to the provisions of the Kerala Revenue Recovery Act or on account of any policy announcement made by the State of Kerala as the bank is taking action under the provisions of the SARFAESI Act. The learned counsel appearing for the respondent bank is right in contending that the executive power of the State is coextensive with that of legislative power and in the absence of any legislative power in the Kerala State legislature to deal with the subject relating to banking, any policy announcement by the State of Kerala or any amendment to the Kerala Revenue Recovery Act, 1968, cannot have any bearing on the 2025:KER:29155 W.P.(C)No.10765 of 2025 5 steps taken by the respondent bank under the provisions of the SARFAESI Act. The writ petition fails and it is accordingly dismissed. Sd/- GOPINATH P. JUDGE Scl/ 2025:KER:29155 W.P.(C)No.10765 of 2025 6 APPENDIX OF WP(C) 10765/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SETTLEMENT DEED NO. 6734/2006 DATED 12/12/2006 OF MUVATTUPUZHA SRO Exhibit P2 TRUE COPY OF THE BUILDING TAX RECEIPT DATED 24/03/2018 OF AVOLI GRAMA PANCHAYAT Exhibit P3 TRUE COPY OF THE NOTICE AFFIXED BY THE BANK ON THE PETITIONER’S PROPERTY Exhibit P4 TRUE COPY OF ADVOCATE COMMISSIONER NOTICE DATED 18/01/2025 ISSUED TO THE PETITIONER Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 12/03/2025 SUBMITTED BY THE PETITIONER BEFORE THE HON. CHIEF MINSTER OF KERALA