Disposed

Soman T.T. v. the Special Deputy Tahsildar

Kerala HC7 Jul 2015WP(C)/3503/2015

Case brief

AI extract

What is this about?

Writ petitioners, office bearers of a charitable Society, challenged revenue recovery proceedings initiated against them by a public sector Bank. The Court deferred proceedings, directing the District Collector to verify documents and decide on objections within two months before further action under the Revenue Recovery Act.

What did the court decide?

Recovery proceedings against the petitioners were deferred pending a decision by the District Collector after verifying documents and hearing parties.

Soman T.T. Vs the Special Deputy Tahsildar — Banking and Recovery | Kerala HC (2015)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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TUESDAY, THE 7TH DAY OF JULY 2015/16TH ASHADHA, 1937

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WP(C).No. 3503 of 2015 (K)

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PETITIONER(S):

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-----------------------

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SOMAN T.T., AGED 52, S/O.THANKAPPAN, THUNDIYIL HOUSE, KUDIYANMALA P.O., KANNUR DISTRICT.

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2. BHASKARAN K.V., S/O.RAMAN, KANDAM VITTA, ANNUR P.O., TALIPARAMBA TALUK KANNUR DISTRICT.

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3. CHANDRAN T.A., S/O.AYYAPPAN, THENKUNNEL, VELLAD, VELLAD P.O., KARUVANCHAL, KANNUR DISTRICT.

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4. CHANDRAN G., S/O.GOVINDAN, EDASSERIL, ERUVESSY P.O., POOPARAMBA, KANNUR DISTRICT.

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5. BHASKARAN A.G., S/O.GOVINDAN, APPANAM KUZHIYIL, MANDALAM P.O., KANNUR DISTRICT.

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6. SAJU P.K., S/O.KUMARAN, PUTHEN KANDATHIL, KUDIYANMALA P.O., KANNUR DISTRICT.

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7. KUNHAMBU P.P., S/O.KORAN, PUTHIYA PURAYIL, NADUVIL P.O., KANNUR DISTRICT.

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BY ADVS.SRI.P.NARAYANAN SRI.NICHOLAS JOSEPH

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RESPONDENT(S):

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--------------------------

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1. THE SPECIAL DEPUTY TAHSILDAR, REVENUE RECOVERY, TALIPARAMBA TALUK.

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2. THE VILLAGE OFFICER, ERUVESSY VILLAGE, TALIPARAMBA TALUK, KANNUR DISTRICT.

Msv/

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WP(C).No. 3503 of 2015 (K)

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3. THE VILLAGE OFFICER, ALAKODE VILLAGE, TALIPARAMBA TALUK, KANNUR DISTRICT.

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4. THE VILLAGE OFFICER, VELLUR VILLAGE, TALIPARAMBA TALUK, KANNUR DISTRICT.

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5. THE VILLAGE OFFICER, NEW NADUVIL VILLAGE, TALIPARAMBA TALUK, KANNUR DISTRICT.

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6. KERALA GRAMIN BANK, TALIPARAMBA BRANCH, TALIPARAMBA P.O., KANNUR DISTRICT, REP. BY ITS BRANCH MANAGER.

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R1-R5 BY GOVERNMENT PLEADER SMT.M.T.SHEEBA R6 BY ADVS. SRI.DEVAN RAMACHANDRAN, SC SRI.T.R.RAVI, SC

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07-07-2015, ALONG WITH WPC. 4293/2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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msv/

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WP(C).No. 3503 of 2015 (K)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1: COPY OF THE MINUTES DTD.11.3.2006 OF M/S SREE NARAYANAN CHARITABLE SOCIETY, TALIPARAMBA.

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EXHIBIT P2: COPY OF THE SUMMONS ISSUED IN OA.NO.587/2013 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM.

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EXHIBIT P3: COPY OF THE NOTICE NO.(E4). 2015/59/13/100 DTD.24.1.2015 ISSUED BY THE 1ST RESPONDENT U/S 7 OF RR ACT FOR REALIZATION OF RS.27,81,676/- WITH INTEREST.

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EXHIBIT P4: COPY OF THE NOTICE NO.(E4). 2015/59/13/100 DTD.24.1.2015 ISSUED BY THE 1ST RESPONDENT U/S 34 OF RR ACT FOR REALIZATION OF RS.27,81,676/- WITH INTEREST.

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EXHIBIT P5: COPY OF THE ORIGINAL APPLICATION (WITHOUT DOCUMENTS) IN OA.587/2013 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM.

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EXHIBIT P6: COPY OF THE WRITTEN STATEMENT FILED BY THE DEFENDANTS 3 TO 10 THEREIN OA.587/2013 OF DEBT RECOVERY TRIBUNAL ERNAKULAM.

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RESPONDENT(S)' EXHIBITS:

NIL

//TRUE COPY//

P.S.TO JUDGE

Ms v/

A.MUHAMED MUSTAQUE, J.

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*******************************************************

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W.P.(C) Nos.3503 & 4293 of 2015

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******************************************************* Dated this the 7^th day of July, 2015

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JUDGMENT

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These writ petitions are filed by the Office Bearers of M/s.Sree Narayana Charitable Society (for short, the “Society”). They approached this Court aggrieved by initiation of the revenue recovery proceedings against them. The petitioners’ case is that they have not given any personal guarantee for the loan availed by the Society. Therefore, the Bank cannot initiate revenue recovery proceedings against them to recover the loan advanced to the Society. It is further submitted that the Society and its assets are alone liable to be proceeded under the Revenue Recovery Act.

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Essentially, the issue is regarding the right of the Bank

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to proceed against the petitioners’ property. If the petitioners had not executed any personal guarantee, necessarily, the Bank cannot proceed against the petitioners. If the petitioners have executed the personal guarantee, the Bank is entitled to proceed against the petitioners.

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W.P.(C) Nos.3503 & 4293 of 2015 2

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In that view of the matter, these writ petitions are disposed of with

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the following directions:

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i. The petitioners shall set out their objection before the

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District Collector, Kannur within three weeks from the date of receipt of a copy of the judgment.

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ii. Thereafter, the District Collector after verifying the relevant documents and adverting to the objection, take appropriate decision within a further period of two months.

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iii. Needless to say that the petitioners and the Officials of the Bank shall be heard in the matter by the District Collector.

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iv. The further proceedings to proceed under the Revenue Recovery Act, necessarily, would depend upon the outcome of the decision of the District Collector.

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v. All recovery proceedings proceedings against the petitioners shall be deferred in tune with the directions as above.

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Sd/- A.MUHAMED MUSTAQUE, JUDGE

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Soman T.T. v. the Special Deputy Tahsildar

Case brief

What is this about?

What did the court decide?

Soman T.T. v. the Special Deputy Tahsildar

Case brief

What is this about?

What did the court decide?

What the court decided

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