Held a writ petition challenging revenue recovery notices under land laws and the Kerala Revenue Recovery Act. The court noted the pendency of a separate Debt Recovery Tribunal application and the bank's agreement to keep revenue proceedings in abeyance.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
FRIDAY, THE 7TH DAY OF NOVEMBER 2014/16TH KARTHIKA, 1936
WP(C).No. 25040 of 2014 (D)
PETITIONER(S):
1. RAJAGOPALAN T.N., AGED 45 YEARS, S/O. NARAYANAN, THAZHATHUVALAPPIL HOUSE, VILLADAM, R.V.PURAM P.O., THRISSUR-680 631.
2. GEETHA, W/O.RAJAGOPALAN T.N., THAZHATHUVALAPPIL HOUSE, VILLADAM, R.V.PURAM P.O., THRISSUR-680 631.
BY ADVS.SRI.O.V.MANIPRASAD SRI.SAJU J PANICKER.
RESPONDENT(S):
-------------
1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM – 695 001.
2. THE DISTRICT COLLECTOR, THRISSUR – 680 001.
3. THE DEPUTY TAHSILDAR, (REVENUE RECOVERY), THRISSUR-20.
4. THE VILLAGE OFFICER, VILVATTOM VILLAGE, THRISSUR P.O., THRISSUR – 680 001.
5. THE BRANCH MANAGER, CANARA BANK, SME BRANCH, KURIACHIRA, 1ST FLOOR, FLAMON COMPLEX, KURIACHIRA THRISSUR-680 006.
BY GOVERNMENT PLEADER SRI. GIKKU JACOB BY SRI.V.B.HARI NARAYANAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-11-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RVS.
WP(C).No. 25040 of 2014 (D)
APPENDIX
PETITIONER(S)' EXHIBITS :
-----------------------
| EXHIBIT P1- TRUE 5TH |
COPY OF THE STATEMENT OF ACCOUNTS ISSUED BY THE RESPONDENT BANK. |
|---|---|
| EXHIBIT P2- TRUE UNDE RECO |
COPY OF THE NOTICE DATED 20-02-2014 ISSUED R SECTION 13(2) OF THE SECURITIZATION AND NSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT |
| OF PETI |
SECURITY INTEREST ACT, 2002 TO THE 2ND TIONER. |
| EXHIBIT P3- TRUE 3 OF |
COPY OF THE POSSESSION NOTICE ISSUED UNDER RULE THE SECURITY ENFORCEMENT RULES. |
| EXHIBIT P4- TRUE OF 2 TRIB |
COPY OF THE ORIGINAL APPLICATION IN S.A.NO. 238 014 DATED 22-06-2014 BEFORE THE DEBT RECOVERY OF UNAL, ERNAKULAM. |
| EXHIBIT P5- TRUE 238/ |
COPY OF THE ORDER DATED 23-06-2014 IN S.A.NO. 2014 OF THE DEBT RECOVERY TRIBUNAL, ERNAKULAM. |
| EXHIBIT P6- TRUE EVID 25-0 |
COPY OF THE COUNTER FOIL OF PAYING SLIP ENCING THE DEPOSIT OF RS. 10 LAKHS ON 7-2014. |
| EXHIBIT P7- TRUE THE |
COPY OF THE DEMAND NOTICE UNDER SECTION 7 OF ACT. |
| EXHIBIT P8- TRUE SECT 09-0 |
COPY OF THE DEMAND NOTICE IN FORM NO. 10 UNDER ION 34 OF THE REVENUE RECOVERY ACT DATED 7-2014. |
| EXHIBIT P9- TRUE PETI |
COPY OF THE OBJECTION FILED BY THE 1ST TIONER. |
RESPONDENT(S)' EXHIBITS :
-----------------------
NIL.
/TRUE COPY/
P.A.TO JUDGE
RVS.
P.R. RAMACHANDRA MENON, J.
========================
W.P.(C). No. 25040 of 2014
Dated this the 7th day of November, 2014
JUDGMENT
The petitioners have approached this Court with the following prayers:
“i. Issue a writ of certiorari or any other appropriate writ quashing Ext.P7 and P8 revenue recovery notices and all further proceedings thereto.
ii. Issue a writ of mandamus, order or direction to the 3rd respondent to conduct an inquiry as envisaged under Section 34(2) of the Kerala Revenue Recovery Act, 1968 into the objections made as per Ext.P9.
iii. Issue a writ of mandamus, order or directing the 5th respondent to recall the revenue recovery requisition certificate with No. RR/2014/3037/8 in view of the proceedings initiated under the provisions of the SARFAESI Act.
iv. To declare that defaulted amount in an open cash credit account in a nationalized bank is not liable to be recovered under the provisions of the Kerala Revenue Recovery Act, 1968.”
Court on 26.9.2014, the following interim order was passed:
“The learned counsel for the petitioner submits that, challenging the proceedings pursued by the respondent Bank, the petitioner has already approached the DRT by filing S.A. No. 238/2014, wherein Ext.P5 interim order came to be passed. It
W.P.C. No. 25040 of 2014
-2-
is stated that the condition imposed in the said order has been complied with, as borne by Ext.P6. It is also brought to the notice of this Court interim stay has been extended till 25.10.2014 as per the order passed on 24.09.2014.
The learned standing counsel for the respondent Bank seeks for time to file statement as to the factual particulars. Post after 10 days.
'Status quo' with regard to the revenue recovery proceedings shall be kept in abeyance till such time.”
consideration, the learned counsel of the respondent Bank submits that, the Bank has considered the matter and has given instructions to the Revenue authorities to keep the Revenue Recovery proceedings in abeyance in view of the pendency of S.A. No. 238/2014 before the DRT and the conditional order passed by the Tribunal.
The submission is recorded and the matter is disposed of, without prejudice to the rights and liberties of the petitioners to pursue further steps, if there is any action contrary to the submission made before this Court.
P.R. RAMACHANDRA MENON, JUDGE.
kp/-
Rajagopan T.N. and Ors.
State of Kerala
District Collector, Thrissur
Deputy Tahsildar, Thrissur
Village Officer, Vilvattom Village
Canara Bank
P.R. Ramachandra Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
