Kerala High Court
Ajayan S.K vs The Authorised Officer on 9 February, 2026
WP(C) NO. 48005 OF 2025
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2026:KER:12772
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
MONDAY, THE 9TH DAY OF FEBRUARY 2026 / 20TH MAGHA, 1947
WP(C) NO. 48005 OF 2025
PETITIONER:
AJAYAN S.K,
AGED 50 YEARS
S/O SADASIVAN AND KRISHNAMMA, TC 8/359,
MAYOORVILAKOM, ALAPPURAM, THIRUMALA P.O,
THIRUVANANTHAPURAM TALUK, THIRUVANANTHAPURAM, PIN -
695006
BY ADVS.
SRI.R.SUNIL KUMAR
SMT.A.SALINI LAL
SHRI.JINU P. BINU
RESPONDENTS:
1 THE AUTHORISED OFFICER,
KERALA BANK, COBANK TOWERS, PALAYAM AIRPORT RD,
PALAYAM, THIRUVANANTHAPURAM,KERALA, PIN - 695033
2 KERALA BANK,
PUTHENCHANTHA BRANCH, REPRESENTED BY ITS BRANCH
MANAGER, RAJA COMMERCIAL BUILDING,, VANCHIYOOR
P.O., THIRUVANANTHAPURAM, KERALA, PIN - 695035
BY ADV SHRI.THOMAS ABRAHAM
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 09.02.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 48005 OF 2025
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2026:KER:12772
JUDGMENT
Dated this the 9th day of February, 2026 The Petitioner availed a mortgage loan of ₹80,000/- from the Respondent Bank in the year 2015. For the said loan, the Petitioner created an equitable mortgage by depositing the title deeds in respect of property measuring 1.65 Ares comprised in Sy. No. 196, Re-Sy. No. 537/9/2, situated in Thirumala Village, Chala Sub District, Thiruvananthapuram District, together with the residential building therein. The said property originally belonged to the Petitioner's father. Upon the demise of his father, the Petitioner and his siblings became the joint owners of the said property as legal heirs.
2. When there was default in the repayment, the bank initiated SARFAESI proceedings against the petitioner. Consequently, the petitioner's loan account was classified as a Non-Performing Asset (NPA).
3. The present writ petition has been filed seeking permission to permit the petitioner to remit the outstanding loan amount in instalments and to regularise the loan account. WP(C) NO. 48005 OF 2025 3 2026:KER:12772
4. The learned counsel appearing for the respondent bank vehemently opposed the said prayer and submitted that, by order dated 19.12.2025, this Court had directed the petitioner to remit an amount of ₹2,00,000/- (Rupees Two Lakhs only) within a period of one month from the said date. However, the petitioner failed to comply with the said direction.
5. Thereafter, when the matter was taken up on 30.01.2026, the petitioner sought one week's time to comply with the said order. This Court granted one week's further time for compliance.
6. Today, when the matter was taken up for consideration, the learned counsel for the petitioner submitted that the interim order has not been complied with.
Having heard the learned counsel for the petitioner as well as the learned counsel for the respondent and taking note of the decision of the Hon'ble Apex Court in South Indian Bank Ltd v. Naveen Mathew Philip [(2023) 17 SCC 311], the remedy available to the petitioners is to approach the DRT WP(C) NO. 48005 OF 2025 4 2026:KER:12772 against the proceedings initiated by the bank. Hence, I am not inclined to entertain this writ petition and it stands dismissed.
Sd/-
BASANT BALAJI JUDGE saap WP(C) NO. 48005 OF 2025 5 2026:KER:12772 APPENDIX OF WP(C) NO. 48005 OF 2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE DEMAND NOTICE DATED 25.11.2024 Exhibit P2 . A TRUE COPY OF THE SYMBOLIC POSSESSION NOTICE DATED 25.08.2025 Exhibit P3 . A TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER DATED 04/12/2025 //True copy//PA to Judge