Petitioners filed a writ petition to prevent attachment of movables in revenue recovery proceedings arising from a failed loan under the GLS Scheme. The court observed disputes can be raised in Civil Court or before the District Collector and dismissed the petition with liberty to dispute liability.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
WEDNESDAY, THE 17TH DAY OF JUNE 2015/27TH JYAISHTA, 1937
WP(C).No. 3714 of 2010 (L)
PETITIONER(S) :
1. REMAMBIKA, W/O.ARUNKUMAR, B.F.6/318, KSHB COLONY, CHEVARMABALAM, KOZHIKODE.
2. ARUNKUMAR, S/O. KRISHNANUNNY NAIR, B.F 6/318, KSHB COLONY, CHEVARMABALAM, KOZHIKODE.
BY ADVS.SRI.R.SUDHISH SMT.M.MANJU SRI.K.R.RANJITH
RESPONDENT(S) :
1. THE DISTRICT COLLECTOR, CIVIL STATION, MALAPARAMBA, KOZHIKODE.
2. THE SPL. DEPUTY TAHSILDAR, BANK LOAN ARREARS COLLECTION, REVENUE RECOVERY, KOZHIKODE-4.
3. THE VILLAGE OFFICER, CHEVAYOOR VILLAGE, KOZHIKODE.
4. THE SOUTH MALABAR GRAMIN BANK, MALAPPURAM BRANCH, KOZHIKODE, REP. BY ITS BRANCH MANAGER.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Msd.
WP(C).No. 3714 of 2010 (L)
APPENDIX
PETITIONER(S)' EXHIBITS :
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EXHIBIT P1: TRUE COPY OF THE DEMAND NOTICE DATED 29.09.2009 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P2: TRUE COPIES OF THE DISCHARGE SUMMARY ISSUED BY THE DIABETES HOSPITAL & RESEARCH CENTER, PAVAMANI ROAD, CALICUT TO THE 2ND PETITIONER.
RESPONDENT(S)' EXHIBITS :
NIL
//TRUE COPY//
P.A.TO JUDGE.
Msd.
A.MUHAMED MUSTAQUE, J.
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W.P.(C) No.3714 of 2010
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Dated this the 17th day of June, 2015
JUDGMENT
The first petitioner availed a loan of Rs.25,000/from the
fourth respondent under GLS Scheme. The second petitioner is the guarantor of the above loan.
If the petitioners dispute the liability, they are free to approach the Civil Court or the District Collector disputing the same. Therefore, with liberty as above, the writ petition is dismissed.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
ln
3 issues framed by the court
Whether the writ court has jurisdiction to stay revenue recovery proceedings pending dispute of loan liability.
Whether the petitioners can dispute the loan liability in the Civil Court or before the District Collector without staying recovery.
Whether the interim remittance of Rs.5,000 discharges the petitioners from the writ petition.
REMANBIKA
ARUNKUMAR
THE DISTRICT COLLECTOR
THE SPL. DEPUTY TAHSILDAR
THE VILLAGE OFFICER, CHEVAYOOR VILLAGE
THE SOUTH MALABAR GRAMIN BANK
A. MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
