WP(C) NO. 12662 OF 2025 1 2025:KER:27064 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO. 12662 OF 2025 PETITIONER: ABDULLA M.M., AGED 51 YEARS S/O. MUHAMMED HAJI, MADUMUGAR HOUSE, KUMBLA, PERAL, MORGAL P.O., KASARGOD REPRESENTED BY HIS POWER OF ATTORNEY HOLDER, MUHAMMED RIFAYI PERAL CHARL, AGED 39 YEARS, S/O ANDUNHI PERAL CHARL, TAWAKKAL MANZIL, MOGRAL, KASARAGOD, KERALA, PIN - 671321 BY ADVS. UMMUL FIDA C.IJLAL R.UDAYA KUMAR P.PARVATHY MAJID MUHAMMED K. ANANDU R. RESPONDENTS: 1 THE KERALA STATE CO-OPERATIVE BANK LTD., VISHWANATHA ALVA SAHAKARI BUILDING, KUMBALA BRANCH, KUMBALA (KUMBLE) KERALA, REPRESENTED BY ITS BRANCH MANAGER, PIN - 671321 2 THE KERALA STATE CO-OPERATIVE BANK LTD HEAD OFFICE, THIRUVANANTHAPURAM, REPRESENTED BY ITS AUTHORISED OFFICER/ AREA MANAGER, HAVING HIS OFFICE AT KANNUR REGIONAL OFFICE, KANNUR, PIN - 670001 BY ADV M.SASINDRAN SRI. M.SASINDRAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 12662 OF 2025 2 2025:KER:27064 JUDGMENT This Writ Petition has been filed apprehending that an Advocate Commissioner appointed in proceedings under Section 14 of the SARFAESI Act initiated at the instance of the respondent bank may proceed to take physical possession of the secured assets without serving notice on the petitioner. The learned counsel appearing for the respondent bank submits that notice will be served before taking possession. Taking the afore submission of the learned counsel for the respondent bank into consideration, this Writ Petition will stand disposed of directing that before taking physical possession of the secured asset, the Advocate Commissioner appointed in proceedings initiated by the respondent bank under Section 14 of the SARFAESI Act serve notice to the petitioner. sd/- GOPINATH P. JUDGE Nsd WP(C) NO. 12662 OF 2025 3 2025:KER:27064 APPENDIX OF WP(C) 12662/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE AFFIDAVIT FILED BY THE RESPONDENT BANK IN C.M.P. NO. 3882/2024 DATED 10/10/2024 BEFORE THE HON’BLE CHIEF JUDICIAL MAGISTRATE COURT, KASARGOD Exhibit P2 A TRUE COPY OF THE ORDER DATED 21/10/2024 ISSUED BY THE HON’BLE CHIEF JUDICIAL MAGISTRATE COURT, KASARGOD