Whether the concerned Magistrate is entitled to decide the merits of the contentions as to the claim for exclusion of the property under Section 31 (i) of the SARFAESI Act, while entertaining an application for assistance to take physical possession, invoking the power under Section 14 of the Act, is the subject matter of challenge.

2. The only grievance projected in the present Writ Petition is against Exts.P7 and P8 proceedings, in connection with the application preferred under Section 14 of the SARFAESI Act, before the Chief Judicial Magistrate, Manjeri, whereby an Advocate Commissioner has been appointed to take over possession of the secured asset, pursuant to the application filed by the Bank in this regard. The case of the petitioner is that, the property herein is an 'agricultural land', which is not liable to be proceeded against, by virtue of the exclusion stipulated under Section 31 (i) of the Act.

3. The respondent Bank, while disputing the contentions raised from the part of the petitioners, both on legal as well as factual grounds, states that, one of the guarantors by name T. Kunhimuhammed arrayed as the 4th respondent in the present proceedings and a part