Disposed¶30

Ratheesh B v. the Kerala State Co-Operative Bank Ltd., (Now Known as Kerala Bank)

Kerala HC1 Apr 2025WP(C)/9553/2025

Case brief

AI extract

What is this about?

Guarantor liability - revenue recovery - Exhibit P1 demand notice by Deputy Tahsildar, Kanayannur Taluk - loan overdues cleared by principal borrower - Kerala Bank standing counsel submission - land tax receipt endorsement - writ petition disposed as nothing survives - direction to Village Officer to endorse revenue records - WP(C) 9553/2025, decided 01.04.2025, Murali Purushothaman J.

What did the court decide?

Direction to the 5th respondent (Village Officer) to make necessary endorsements in the revenue records based on the Kerala Bank letter confirming that the principal borrower has cleared the overdues; no substantive adjudication of the prayers as nothing survived. ¶30

Ratheesh B Vs the Kerala State Co-Operative Bank Ltd., (Now Known as Kerala Bank) — Kerala HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶30

Issue for consideration

Whether the Exhibit P1 demand notice initiating revenue recovery proceedings against the petitioner's landed property is liable to be quashed as illegal. +2 more

¶22

Court's answer

In view of the Bank's submissions that the principal borrower has cleared the overdues in his loan account, intimation has been issued to the Village Officer, and the Bank does not intend to proceed with revenue recovery proceedings, nothing survives to be considered in this writ petition.

¶29

Ratio / Principle

The writ petition is disposed of with a direction to the 5th respondent to make necessary endorsements in the revenue records based on the letter issued by the Kerala Bank to the effect that the principal borrower has cleared the overdues.

¶30

Detailed headnote1 paragraphs

Writ Petition (Civil) by a guarantor challenging Exhibit P1 Demand Notice (RRC No. 2023/23061/07 dated 13.12.2023) issued by the Deputy Tahsildar, Kanayannur Taluk, initiating revenue recovery against his property for a loan availed by the principal borrower (Mr.Sooraj Kumar K.S) from the Kerala State Co-operative Bank (Kerala Bank); reliefs included quashing the demand notice, stopping revenue recovery proceedings, and reissue of the land tax receipt without recovery remarks. When the matter came up, the Bank's learned Standing Counsel submitted on instructions that the principal borrower has cleared the loan overdues, intimation has been issued to the Village Officer, and the Bank does not intend to proceed with revenue recovery. Holding that nothing survived for consideration, the Court disposed of the writ petition with a direction to the 5th respondent to make necessary endorsements in the revenue records based on the Bank's letter.

¶1

 2025:KER:27573

¶2

 WP(C) No.9553 of 2025 1

¶3

 IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4

PRESENT

¶5

 THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

¶6

 TUESDAY, THE 1 ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947

¶7

 WP(C) NO. 9553 OF 2025

¶8

 PETITIONER:

¶9

 RATHEESH B
 AGED 37 YEARS
 S/O. BALAKRISHNAN T. R, THALASSERIL, PWD ROAD, KUMBALAM
 VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT,, PIN -
 682506

¶10

 BY ADVS.
 P.MOHAMED SABAH
 LIBIN STANLEY
 SAIPOOJA
 SADIK ISMAYIL
 R.GAYATHRI
 M.MAHIN HAMZA
 ALWIN JOSEPH
 BENSON AMBROSE

¶11

 RESPONDENTS:

¶12

 1 THE KERALA STATE CO-OPERATIVE BANK LTD., (NOW KNOWN AS
 KERALA BANK)
 VYTTILA BRANCH, ERNAKULAM, REPRESENTED BY ITS
 SECRETARY., PIN - 682019

¶13

2 THE DISTRICT COLLECTOR ERNAKULAM, COLLECTORATE, KAKKANAD, ERNAKULAM DISTRICT,, PIN - 682030

¶14

 2025:KER:27573

¶15

 WP(C) No.9553 of 2025 2

¶16

`3`	`THE TAHSILDAR`
	`KANAYANNUR TALUK` `MARINE DRIVE, KOC`	`OFFI` `HI,`	`CE, PARK AVE, NEAR SUBASH PARK,` `PIN - 682030`
`4`	`THE DEPUTY TAHSIL` `KANAYANNUR TALUK` `MARINE DRIVE, KOC`	`DAR` `OFFI` `HI,`	`CE, PARK AVE, NEAR SUBASH PARK,` `PIN - 682011`
`5`	`THE VILLAGE OFFIC` `KUMBALAM VILLAGE,` `682506`	`ER` `PAN`	`ANGAD, ERNAKULAM DISTRICT, PIN -`
	`BY ADV K.AMMINIKU` `SMT.RESMI THOMAS,`	`TTY,` `GOV`	`SC.` `T. PLEADER`
`THIS`	`WRIT PETITION`	`(CI`	`VIL) HAVING COME UP FOR`
`ADMISSION` `DELIVERED`	`ON 01.04.2025,` `THE FOLLOWING:`	`THE`	`COURT ON THE SAME DAY`

¶17

 2025:KER:27573

¶18

 WP(C) No.9553 of 2025

¶19

¶20

JUDGMENT

¶21

The petitioner was guarantor to a loan availed by one Mr.Sooraj Kumar K.S, from the 1^st respondent Bank. He has filed this writ petition for the following reliefs:

¶22

(a) Issue a Writ of Certiorari or any other appropriate Writ to call for the records leading to the issuance of Exhibit P1 Demand Notice initiating revenue recovery proceedings against the landed property of the petitioner having an extent of 2 Ares 7.00 Sq. m. under Thandapper No. 5357 in Old Sy. No. 158/7-4 in Kumbalam Village, Kanayannur Taluk, Ernakulam District; and quash the same as illegal.

¶23

(b) Issue a Writ of Mandamus or any other appropriate Writ to the respondent Nos. 2 to 4 directing them to stop all the revenue recovery proceedings pertaining to the landed property of the petitioner having an extent of 2 Ares 25 Sq.m. under Thandapper No.7731 in Re. Sy. No. 109/16 in Kumbalam Village Kanayannur Taluk, Ernakulam District

¶24

(c) Issue a Writ of Mandamus or any other appropriate Writ to the respondent No. 5 directing him to reissue the land tax receipt for the landed property of the petitioner having an extent of 2 Ares 25 Sq. m. under Thandapper No.7731 in Re. Sy. No. 109/16 in

¶25

 2025:KER:27573

¶26

 WP(C) No.9553 of 2025 4

¶27

Kumbalam Village Kanayannur Taluk, Ernakulam District, without endorsing any remarks pertaining to the revenue recovery proceedings.

¶28

When the writ petition came up for consideration today, Smt.K.Amminikutty, the learned Standing Counsel for the 1^st respondent Bank, on instructions, submits that the principal borrower has cleared the overdues in his loan account. It is also submitted that an intimation in that regard has been issued to the Village Officer concerned. It is further submitted that since the overdues have been cleared, they do not intend to proceed with revenue recovery proceedings.

¶29

In view of the above submissions, nothing survives to be considered in this writ petition.

¶30

Accordingly, this writ petition is disposed of with a direction to the 5^th respondent to make necessary endorsements in the revenue records based on the letter issued by the Kerala

¶31

Bank to the effect that the principal borrower has cleared the overdues. Sd/-

¶32

MURALI PURUSHOTHAMAN JUDGE

¶33

smp

¶34

 2025:KER:27573

¶35

 WP(C) No.9553 of 2025 5

¶36

APPENDIX OF WP(C) 9553/2025

¶37

`PETITIONER EXHIB`	`ITS`
`Exhibit P1`	`TRUE COPY OF THE DEMAND NOTICE DATED` `13.12.2023 BEARING RRC NO. 2023/23061/07` `ISSUED BY THE DEPUTY TAHSILDAR, KANAYANNUR` `TALUK`
`Exhibit P2`	`THE TRUE COPY OF THE ORDER DATED 06.09.2024` `IN I.A. NO. 3217/2024 IN S.A. NO. 643/2024 ON` `THE FILE OF THE DEBTS RECOVERY TRIBUNAL,` `ERNAKULAM`
`Exhibit P3`	`TRUE COPY OF THE LAND TAX RECEIPT NO.` `KL07021501499/2025 DATED 24.02.2025 ISSUED BY` `THE RESPONDENT NO. 5`
`Exhibit P4`	`TRUE COPY OF THE RELEVENT PAGE OF THE` `DOCUMENT ENCOMPASSING OF FAIR VALUE OF LAND` `IN KUMABALAM VILLAGE, KANAYANNUR TALUK,` `ERNAKULAM DISTRICT, PUBLISHED IN THE OFFICIAL` `WEBSITE OF DEPARTMENT OF REGISTRATION,` `GOVERNMENT OF KERALA`

Ratheesh B v. the Kerala State Co-Operative Bank Ltd., (Now Known as Kerala Bank)

Case brief

What is this about?

What did the court decide?

Ratheesh B v. the Kerala State Co-Operative Bank Ltd., (Now Known as Kerala Bank)

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Anilkumar.B Vs Kerala State Financial Enterprises (Ksfe) Ltd.

Mariya Das, Vs Deputy Labour Officer

Aneesh @ Anish T.K Vs the District Collector, Thrissur

Shaiju M.v, Vs Thumboor Co-Operative Bank

Pious Mathew Vs Meenachil Service Co-Operative Bank Ltd. No. K-271.

Sasidharan K Vs District Collector Kollam