Unnikrishna Pillai K.N vs State Of Kerala
2021 Latest Caselaw 1115 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

                    THE HONOURABLE SMT. JUSTICE P.V.ASHA

    TUESDAY, THE 12TH DAY OF JANUARY 2021 / 22TH POUSHA, 1942

                          WP(C).No.25874 OF 2020(H)


PETITIONERS:

      1        UNNIKRISHNA PILLAI K.N.
               AGED 51 YEARS
               S/O. NEELAKANDA KURUP, PRANAVAM, MULAMPUZHA,
               PANDALAM, PATHANAMTHITTA DISTRICT,PIN-689 501

      2        PREETHA UNNIKRISHNAN
               AGED 46 YEARS
               W/O. UNNIKRISHNA PILLAI, PRANAVAM, MULAMPUZHA,
               PANDALAM, PATHANAMTHITTA DISTRICT,PIN-689 501

               BY ADVS.
               SRI.C.S.MANU
               SHRI.S.K.PREMRAJ

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY SECRETARY, DEPARTMENT OF REVENUE,
               GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,PIN-695
               001

      2        DISTRICT COLLECTOR,
               PATHANAMTHITTA,PIN-689 645

      3        AUTHORISED OFFICER/DEPUTY TAHSILDAR
               TALUK OFFICE, ADOOR TALUK, PATHANAMTHITTA-691 523

      4        VILLAGE OFFICER,
               PANDALAM VILLAGE, ADOOR TALUK, PATHANAMTHITTA,PIN-689
               501

      5        CANARA BANK
               PANDALAM BRANCH, PANDALAM, PATHANAMTHITTA, PIN-689 50
               , REPRESENTED BY ITS BRANCH MANAGER

               R5   BY   ADV.   SRI.M.GOPIKRISHNAN NAMBIAR
               R5   BY   ADV.   SRI.K.JOHN MATHAI
               R5   BY   ADV.   SRI.JOSON MANAVALAN
               R5   BY   ADV.   SRI.KURYAN THOMAS
 WP(C).No.25874 OF 2020(H)

                                 2

             R5 BY ADV. SRI.PAULOSE C. ABRAHAM
             R5 BY ADV. SRI.RAJA KANNAN



             SMT.VINITHA.B, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.25874 OF 2020(H)

                                       3




                                 JUDGMENT

Dated this the 12th day of January 2021

The petitioners are aggrieved by the revenue

recovery proceedings initiated at the instance of the

5th respondent bank towards the loan availed by the

petitioners. The contention of the petitioners is that

the respondent bank had initiated SARFAESI proceedings

initialy and now they have initiated revenue recovery

proceedings. The learned counsel for the petitioners

pointed out that the revenue recovery proceedings would

not lie in respect of the loan availed by the

petitioners as it is not under a development scheme.

The revenue recovery proceedings can be initiated in

view of SRO No.1465/87 only in respect of recovery of

amount due from persons to a bank on account of any

loan advanced by the bank under various development

schemes. The petitioners did not avail such loan under

any such development scheme.

2. It is also pointed out that the revenue WP(C).No.25874 OF 2020(H)

recovery proceedings at the instance of the bank can

not be initiated for an amount in excess of 20 lakhs

and the present proceedings are for more than 28 lakhs.

3. In the above circumstances, the revenue

recovery proceedings initiated against the petitioners

in Exts.P3 and P4 notices shall stand set aside. The

2nd respondent shall withdraw the said proceedings.

The Writ petition is accordingly allowed and the

bank will be at liberty to proceed in accordance with

law.

Sd/-

P.V.ASHA JUDGE DM WP(C).No.25874 OF 2020(H)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE DEMAND NOTICE DATED 16.7.2019 ISSUED BY THE 5TH RESPONDENT BANK TO THE 1ST PETITIONERS

EXHIBIT P2 TRUE COPY OF THE NOTICED DATED 8.8.2019 ISSUED BY THE 5TH RESPONDENT BANK UNDER SECTION 13 (2) OF SARFAESI ACT, 2002 TO THE PETITIONERS

EXHIBIT P3 TRUE COPY OF THE DEMAND NOTICE DATED 1.7.2020 ISSUED BY THE 3RD RESPONDENT UNDER SECTION 7 OF THE KERALA REVENUE RECOVERY ACT TO THE PETITIONERS

EXHIBIT P4 TRUE COPY OF THE DEMAND NOTICE DATED 2.7.2020 UNDER SECTION 34 OF THE KERALA REVENUE RECOVERY ACT, 1968 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER

EXHIBIT P5 TRUE COPY OF THE SRO NO.1465/87 AS PER NOTIFICATION NO.54415/S3/86/RD DATED 13.10.1987 ISSUED BY THE GOVERNMENT OF KERALA

RESPONDENTS EXHIBITS : NIL

//TRUE COPY//

PA TO JUDGE