J U D G M E N T

The petitioner availed a loan from the respondent bank on the security of a parcel of land 5 acres in extent situate in Re- Survey No.49/2 and 50/3 of Malappattam Amsom. When the loan was not repaid, the respondent bank took steps under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as 'the Act' for short). The petitioner thereupon challenged the initiation of proceedings under the Act in this Court. Though the writ petition was dismissed, in W.A. No.155 of 2010 filed by the petitioner, a Division Bench of this Court held that the SARFAESI Act cannot be invoked to proceed against agricultural properties. The respondent bank thereupon instituted an arbitration case ARC No.259 of 2010 under section 69 of the Kerala Co-operative Societies Act and in that case an award was passed on 16.6.2010. Even thereafter the petitioner did not repay the loan or discharge the debt. The bank thereupon took WPC No.10412/2011 2 steps to execute the award by moving the Sale Officer in terms of rule 81 of the Kerala Co-operative Societies Rules. The Sale Officer thereupon issued Annexure A1 notice dated 5.5