Petitioners challenged a demand notice issued under recovery proceedings. The bank's standing counsel informed the court that the impugned notice had already been withdrawn. The court closed the writ petition without further orders, reserving liberty to approach again if warranted.
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 DEVAN RAMACHANDRAN
MONDAY, THE 1ST DAY OF APRIL 2024 / 12TH CHAITHRA, 1946
WP(C) NO. 1413 OF 2023
PETITIONERS:
1 HARIKUMAR K.G., AGED 40 YEARS, S/O GOPALAN NAIR, KALEECKAL HOUSE, KALLARAKKADAVU, PATHANAMTHITTA PO, PATHANAMTHITTA, PIN – 6896452 KANAKAMMA, AGED 76 YEARS, W/O GOPALAN NAIR, KALEECKAL HOUSE, KALLARAKKADAVU, PATHANAMTHITTA PO, PIN – 689645BY ADVS.
V.K.BALACHANDRAN
G.UNNIKRISHNAN(K/143/1989)
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, PATHANAMTHITTA DISTRICT, PATHANAMTHITTA, PIN – 6896452 TAHSILDAR, KOZHENCHERY TALUK, PATHANAMTHITTA DISTRICT, PIN – 6896413 KERALA BANK, PATHANAMTHITTA BRANCH, PATHANAMTHITTA, REPRESENTED BY BRANCH MANAGER, PIN – 689645BY ADV.
SRI P C SASIDHARAN-SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 1413/23
2
JUDGMENT
The petitioners impugn Ext.P4 Demand Notice on various
grounds; but when this matter was called today, Sri.P.C.Sasidharan
– learned Standing Counsel for the 3rd respondent, submitted that this notice has already been withdrawn.
In the afore circumstances, reserving liberty to the petitioners
to approach this Court again, if it becomes so warranted, I close
this Writ Petition without any further orders.
Sd/-
RR
DEVAN RAMACHANDRAN
JUDGE
WPC 1413/23
3
APPENDIX OF WP(C) 1413/2023
PETITION |
ER |
EXHIBITS |
|||
|---|---|---|---|---|---|
Exhibit |
P1 |
TRUE COPY |
OF THE |
PASSBOOK OF THE 1ST |
|
PETITIONERCO-OPERATIV |
E |
ISSUEDBANK |
BY THE PATHANAMTHITTALTD. |
||
Exhibit |
P2 |
TRUE COPY |
OF PO |
SSESSION NOTICE DATED |
|
08.03.2017 |
ISSUED |
BY THE PATHANAMTHITTA |
|||
CO-OPERATIV |
E |
BANK |
LTD. TO THE PETITIONERS |
||
Exhibit |
P3 |
TRUE COPY O |
F |
THE O |
RDER DATED 7.12.2018 OF |
THE HON'BLERNAKULAM I |
EN |
DEBTSS.A. |
RECOVERY TRIBUNAL-II,109/2017 |
||
Exhibit |
P4 |
TRUE COPY |
OF |
DEMAND NOTICE DATED |
|
28.10.2022TO THE PETI |
T |
ISSUEDIONERS |
BY THE 2ND RESPONDENT. |
1 issue framed by the court
Whether the Ext.P4 demand notice issued by the Tahsildar was sustainable?
Harikumar K.G.
Kanakamma
State of Kerala, represented by the District Collector, Pathanamthitta District
Tahsildar, Kozhenchery Taluk
Kerala Bank, Pathanamthitta Branch, represented by Branch Manager
Devan Ramachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court