High CourtsSingle Bench(2022) 07 KL CK 0091

Jyothi Sasi vs District Collector/District Magistrate Ayyanthole, Thrissur, Pin 680003

High Court Of Kerala · Decided on 11 July 2022

HON’BLE JUDGES
Gopinath P, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 22340 Of 2022

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Judgment

5 paragraphs · 218 words

Gopinath P, J

1.

Petitioners have approached this Court being aggrieved by the fact that they have been issued with Ext.P1 notice by the Advocate Commissioner appointed by the Chief Judicial Magistrate, Thrissur to take physical possession of their residential building in proceedings under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (hereinafter referred to as the Securitisation Act).

2.

The learned counsel for the petitioners states that notice was issued only on 04.7.2022 and the petitioners, who are legal heirs of the original borrower, may be given a breathing time to approach the Debts Recovery Tribunal with a duly constituted securitisation application.

3.

Having regard to the limited nature of the reliefs sought for, I am of the opinion that this writ petition can be disposed of, after dispensing with notice to the respondents. Hence this writ petition will stand disposed of directing that the taking of physical possession pursuant to Ext.P1 notice issued by the Advocate Commissioner shall stand deferred by a period of ten days from today to enable the petitioners to approach the Debts Recovery Tribunal for relief by filing a securitisation application under Section 17 of the Securitisation Act.

The writ petition is disposed of as above. Issue certified copy of the judgment today itself.