1. Is the Chief Metropolitan Magistrate or the District Magistrate ('the Magistrate' for short) totally forbidden from issuing notice to the borrower on request made by the secured creditor in terms of Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ('the SARFAESI Act' for short) ?

2. The Housing Development Finance Corporation Ltd. ('HDFC' for short) put in Ext.P4 request in Crl.M.P.No.4106/2003 on the file of the court of the Chief Judicial Magistrate, Thrissur. The request was made in terms of Section 14 of the SARFAESI Act to take possession of the secured asset which is a residential house occupied by the second respondent borrower and his family. The Magistrate in the course of proceedings passed Ext.P5 order directing issue of notice to the borrower preparatory to the passing of final order and the same is impugned in this writ petition. Ext.P5 order reads as follows:-"9.5.2013 : Issue notice to respondent and call on 30.5.2013." The HDFC contends that the Magistrate egregiously erred in issuing notice to the borrower on a request put in by the secured creditor for taking possession of the secured asset since no adjudicatory process is involved. The HDFC highlights the fact that the borrower did not choose to file any objection to Ext.P2 notice of demand issued in terms of Section 13(2) of the SARFAESI Act. The HDFC adds that the borrower did not also avail the instalment facility granted to regularise the housing loan in Ext.P3 judgment in W.P (C) No.8462/2013 on the file of this Court filed earlier. The plea of the HDFC in essence is that issuance of notice to the borrower is an unnecessary and impermissible exercise which would only tend to delay the act of taking possession of the secured asset as requested.

3. I did not deem it fit to issue notice to the borrower in this writ petition for fear of protraction of proceedings even though I heard Mr.C.P.Saji, Advocate on behalf of the HDFC and Mr.Nikhil Shanker, Advocate as Amicus curiae at length.

4. Section 14 of the SARFAESI Act has been amended by the Enforcement of Security Interest and Recovery of Debt Laws (Amendment) Act, 2012 which has come into force on 15.1.2013 by gazette publication. The amended Section 14 of the SARFAESI Act reads as follows:-

"14. Chief Metropolitan Magistrate or District Magistrate to assist secured creditor in taking possession of secured asset -(1) Where the possession of any secured asset is required to be taken by the secured creditor or if any of the secured asset is required to be sold or transferred by the secured creditor under the provisions of this Act, the secured creditor may, for the purpose of taking possession or control of any such secured asset, request, in writing, the Chief Metropolitan Magistrate or the District Magistrate within whose jurisdiction any such secured asset or other documents relating thereto may be situated or found to take possession thereof, and the Chief Metropolitan Magistrate or, as the case may be, the District Magistrate shall, on such request being made to him -

(a) take possession of such asset and documents relating thereto; and

(b) forward such assets and documents to the secured creditor.

Provided that any application by the secured creditor shall be accompanied by an affidavit duly affirmed by the authorised officer of the secured creditor, declaring that –

(i) the aggregate amount of financial assistance granted and the total claim of the Bank as on the date of filing the application;

(ii) the borrower has created security interest over various properties and that the Bank of Financial Institution is holding a valid and subsisting security interest over such properties and the claim of the Bank or Financial Institution is within the limitation period;

(iii) the borrower has created security interest over various properties giving the details of properties referred to in sub-clause (ii) above;

(iv) the borrower has com