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2025 Supreme(Online)(Ker) 59054

IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, MURALEE KRISHNA S., JJ
GEORGE VARGHESE – Appellant
Versus
THE AUTHORISED OFFICER, THE KERALA BANK (KERALA STATE CO-OPERATIVE BANK) – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.P.KURUVILLA JACOB
For the Respondents: SRI. ATHUL SHAJI

Anil K. Narendran, J.

The appellant filed W.P.(C)No.16670 of 2025, invoking the writ jurisdiction of this Court under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P4 possession notice dated 03.03.2025 issued by the 1st respondent Authorised Officer, Kerala State Co-operative Bank; and a writ of mandamus commanding the 1st respondent Authorised Officer to consider the objections in Ext.P5 representation dated 09.04.2025, within a specified time limit to be fixed by this Court.

2. Ext.P4 possession notice dated 03.03.2025, which was under challenge in the writ petition, was one issued by the 1st respondent Authorised Officer, invoking the provisions under Section 13 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), since the loan account of the appellant-petitioner was classified as non-performing asset (NPA) and proceedings were initiated under the SARFAESI Act for recovering the arrears amounting to Rs.22,52,983/- as on April, 2025, by proceeding against the secured asset, i.e., property having an extent of 34.77 Ares comprised in Re.Sy.No.125/5 of Manimala Village.

3.

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