WP(C) NO. 12873 OF 2025 1 2025:KER:27468 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WP(C) NO. 12873 OF 2025 PETITIONER: SHEEBA KURIAKOSE, AGED 58 YEARS W/O. C P KURIAKOSE, KAVALAKATTU CHERAPPANATHU, NEAR ORTHODOX CHURCH, R S ROAD, IRINJALAKUDA, THRISSUR, PIN - 680125 BY ADVS. PARVATHY GIRISH SANU S MALAKEEL VISHNUPRASAD P.S. RESPONDENTS: 1 PUNJAB NATIONAL BANK, REPRESENTED BY ITS BRANCH MANAGER, IRINJALAKUDA BRANCH, E.K.K. COMPLEX, THANA, IRINJALAKUDA, THRISSUR, PIN - 680121 2 AUTHORISED OFFICER, PUNJAB NATIONAL BANK, CIRCLE SHASTRA ERNAKULAM , 40/1461, 1ST FLOOR, CIRCLE OFFICE, PNB HOUSE, MARKET ROAD, ERNAKULAM, PIN - 682011 SRI.C.AJITHKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 12873 OF 2025 2 2025:KER:27468 JUDGMENT This Writ Petition has been filed challenging Ext.P5 and P6 communications issued to the petitioner in proceedings initiated against the petitioner under the provisions of the SARFAESI Act to recover the amounts due under various credit facilities availed by the petitioner from the respondent bank. The petitioner has conducted various litigations before this Court and those litigations have had a chequered history. WP(C) No.26017/2021 was filed by the petitioner challenging the proceedings for taking physical possession of the secured assets. Ext.P1 is the judgment originally issued in WP(C) 26017/2021 on 04.07.2022 permitting the petitioner to continue in possession of a residential building till the asset is brought to sale by the respondent bank. Such a relief was granted to the petitioner for reasons stated in that judgment dated 04.07.2022. Thereafter the bank approached this court by filing RP No.857/2024, and by order dated 07.10.2024, the judgment in WP(C) No.26017/2021 was recalled and by separate order dated 07.10.2024, that Writ Petition was dismissed. Thereafter, the bank has taken physical possession of the secured assets on 07.11.2024. 2. According to the petitioner, the proceedings before the Chief Judicial Magistrate under Section 14 of the SARFAESI Act has WP(C) NO. 12873 OF 2025 3 2025:KER:27468 been closed by Ext.P3 order and therefore, the taking of physical possession is bad. According to the petitioner, since the taking of physical possession is bad, Exts.P5 and P6 communications issued by the bank regarding sale also cannot be sustained in law. 3. Having heard the learned counsel for the petitioner and the learned counsel appearing for the respondent bank, I am of the view that the petitioner is not entitled to any relief in the present Writ Petition. Section 14 of the SARFAESI Act is a provision which enables the secured creditor to seek the assistance of the judicial Magistrate or the Executive Magistrate in taking possession of the secured asset. The right to take physical possession of the secured asset is not traceable to the provisions of Section 14 of the SARFAESI Act, but to the provisions of section 13(4) of the SARFAESI Act. In other words, Section 14 is only an enabling provision which enables the secured creditor to seek assistance of the Executive or the Judicial Magistrate to take possession. 4. A reading of Ext.P1 judgment of this Court in WP(C) No.26017/2021 indicates that it was taking note of the peculiar facts and circumstances of this case that the petitioner was permitted to continue in possession of the secured asset till the property is brought to sale by the bank. It is also clear from a WP(C) NO. 12873 OF 2025 4 2025:KER:27468 reading of Ext.P1 judgment that in case the petitioner does not hand over possession even after the property is sold, the bank was authorized to take possession of the secured asset with Police assistance. Thereafter, at the instance of the bank, the said judgment was reviewed and that Writ Petition was dismissed. The bank has thereafter taken physical possession of the secured assets. 5. Ext.P5 is a communication issued to the petitioner, calling upon the petitioner to remove the movables from the secured asset, and Ext.P6 is a communication regarding the sale of the secured assets. Since these steps under the provisions of the SARFAESI Act are not dependent on the proceedings before the Magistrate under Section 14, I find no ground made out to interfere with Exts.P5 & P6 on the ground that the proceedings before the Magistrate had culminated by Ext.P3 order. This Writ Petition fails and is accordingly dismissed. sd/- GOPINATH P. JUDGE Nsd WP(C) NO. 12873 OF 2025 5 2025:KER:27468 APPENDIX OF WP(C) 12873/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF JUDGMENT OF THE HON'BLE HIGH COURT DATED 04.07.2022 IN W.P.(C) NO. 26107 OF 2021. Exhibit P2 TRUE COPY OF STATEMENT FILED BY THE COUNSEL FOR PETITIONER IN CRL.M.P. NO. 5788/2017 DATED 11.11.2022 BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR. Exhibit P3 CERTIFIED COPY OF ORDER IN CRL.M.P. NO. 5788/2017 DATED 11.11.2022 BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR. Exhibit P4 TRUE COPY OF ORDER IN R.P.NO. 857/2024 DATED 04.07.2022 PASSED BY HON'BLE HIGH OF KERALA. Exhibit P5 TRUE COPY OF THE NOTICE DATED 11.11.2024 ISSUED BY 2ND RESPONDENT. Exhibit P6 CRL.M.P. NO. 5788/2017 DATED 10.03.2025 BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR.