IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR &

THE HONOURABLE MR. JUSTICE S.MANU MONDAY, THE 3^RD DAY OF MARCH 2025 / 12TH PHALGUNA, 1946 WP(C) NO. 9699 OF 2022 PETITIONERS:

1 THE GENERAL MANAGER, KERALA GRAMIN BANK, KGB TOWERS, AK ROAD, MALAPPURAM, PIN 676 505.

2 THE SENIOR MANAGER, KERALA GRAMIN BANK, MANGAVU BRANCH, MANGAVU (P.O), KOZHIKODE , PIN 673 007.

BY ADVS.

JAWAHAR JOSE CISSY MATHEWS JAISON ANTONY EDWIN JOSEPH RESPONDENTS:

1 THE KERALA STATE HUMAN RIGHTS COMMISSION, REPRESENTED BY ITS REGISTRAR, PMG JUNCTION, VIKAS BHAVAN P.O, THIRUVANANTHAPURAM, PIN 695 033.

2 THE SECRETARY, SOCIAL JUSTICE DEPARTMENT, ROOM NO. 620, SOUTH BLOCK, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN 695 001.

3 *THE CONVENOR *(DELETED)

STATE LEVEL BANKER COMMITTEE CELL, CANARA BANK BUILDING, M.G. ROAD, THIRUVANANTHAPURAM, PIN 695 001.

*(SUO MOTU DELETED R3 VIDE ORDER DATED 09.02.2023

4 KATTIL BALACHANDRAN, 79, RESIDENCE NAGAR, PALATT NAGAR, THIRUVANNOOR NADA P.O, KOZHIKODE , PIN 673 029.

SRI V TEKCHAND, SR.GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

03.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT Dated this the 3rd day of March, 2025 Nitin Jamdar, C.J.

Heard Mr.Jawahar Jose, learned counsel for the Petitioners.

2. The learned counsel for the Petitioners submits that the Petitioner- Bank had challenged the interim order passed by the Kerala State Human Rights Commission, directing the General Manager of the Petitioner-Bank to remain present. The petition was filed contending that the State Human Rights Commission ought not to have interfered in the measures taken under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). The learned counsel for the Petitioners submits that the proceedings before the State Human Rights Commission are now closed without any specific direction to the Petitioner-

Bank and the borrower has closed the account.

3. Prima facie, the contention of the Petitioners that the State Human Rights Commission ought not to have interfered in the proceedings initiated under the SARFAESI Act is correct, however, since the petition is not being pressed, it is disposed of accordingly.

Sd/-

Nitin Jamdar Chief Justice Sd/-

S. Manu Judge vgd/04.03.25 APPENDIX OF WP(C) 9699/2022 PETITIONER’S EXHIBITS EXHIBIT P1 TRUE COPY OF THE COMPLAINT DATED 9.5.2020 SUBMITTED BY THE 4TH RESPONDENT TO THE STATE HUMAN RIGHTS COMMISSION.

EXHIBIT P1(A) TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P1 DOCUMENT.

EXHIBIT P2 TRUE COPY OF THE ORDER DATED 28.6.2021 IN H.R.M.P NO. 3847/11/8/2021/KKD OF THE STATE HUMAN RIGHTS COMMISSION.

EXHIBIT P3 TRUE COPY OF THE NOTICE DATED 7.7.2021 IN H.R.M.P NO. 3847/11/KKD WHICH WAS ISSUED BY THE REGISTRAR OF THE STATE HUMAN RIGHTS COMMISSION.

EXHIBIT P3(A) TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P3 DOCUMENT.

EXHIBIT P4 TRUE COPY OF THE INTERLOCUTORY APPLICATION FILED BY THE 4TH RESPONDENT IN EXHIBIT P1 COMPLAINT BEFORE THE STATE HUMAN RIGHTS COMMISSION.

EXHIBIT P4(A) TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P4 DOCUMENT.

EXHIBIT P4(B) TRUE COPY OF THE DEMAND NOTICE DATED

23.07.2021 ISSUED BY THE AUTHORIZED OFFICER OF THE KERALA GRAMIN BANK.

EXHIBIT P4(C) TRUE COPY OF THE ORDER DATED 6.8.2021 IN H.R.M.P. NO. 3847/11/8/2021/KKD OF THE STATE HUMAN RIGHTS COMMISSION.

EXHIBIT P5 TRUE COPY OF THE NOTICE/COMMUNICATION DATED

13.8.2021 IN H.R.M.P NO. 3847/11/8/2021/KKD WHICH WAS ISSUED BY THE REGISTRAR OF THE STATE HUMAN RIGHTS COMMISSION.

EXHIBIT P5(A) TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P5 DOCUMENT.

EXHIBIT P6 TRUE COPY OF THE REPORT DATED 28.7.2021 WHICH WAS SUBMITTED BY THE 2ND PETITIONER BEFORE THE STATE HUMAN RIGHTS COMMISSION ON

18.8.2021.

EXHIBIT P6(A) TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P6 DOCUMENT.

EXHIBIT P7 TRUE COPY OF THE ORDER DATED 8.1.2022 IN H.R.M.P. NO. 3847/11/8/2021/KKD OF THE STATE HUMAN RIGHTS COMMISSION.

EXHIBIT P8 TRUE COPY OF