Clementina K.A vs The District Collector
2022 Latest Caselaw 11663 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  TUESDAY, THE 20TH DAY OF DECEMBER 2022 / 29TH AGRAHAYANA, 1944
                        WP(C) NO. 835 OF 2012


PETITIONERS:

    1     CLEMENTINA K.A.,
          PALLIPPADAN HOUSE,
          KANJOOR P.O., ALUVA TALUK,
          ERNAKULAM DISTRICT.
    2     BASTIN.P.S.
          PALLIPPADAN HOUSE,
          KANJOOR P.O., ALUVA TALUK,
          ERNAKULAM DISTRICT.
          BY ADVS.
          SRI.K.MOHANAKANNAN
          SMT.A.R.PRAVITHA
          SMT.D.S.THUSHARA


RESPONDENTS:

    1     THE DISTRICT COLLECTOR
          PALAKKAD-678001.
    2     THE TAHSILDAR (REVENUE RECOVERY)
          MANNARKKAD-678582.
    3     THE CANARA BANK
          BANERJI ROAD, ERNAKULAM-682031.
    4     UNION BANK OF INDIA
          REPRESENTED BY SECRETARY TO GOVERNMENT,
          DEPARTMENT OF FINANCIAL SERVICE,
          MINISTRY OF FINANCE, NEW DELHI-110006.
          BY ADVS.


          SRI.RENJITH T.R., SENIOR GOVERNMENT PLEADER
          SRI.MANU S., DSG OF INDIA
          SRI.P.BENNY THOMAS
          SRI.M.GOPIKRISHNAN NAMBIAR - R3
 WP(C) NO. 835 OF 2012

                            2



        SRI.P.GOPINATH
        SRI.K.JOHN MATHAI
        SRI.S.RAMU




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.12.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 835 OF 2012

                              3




            P.V.KUNHIKRISHNAN, J.
           ------------------------------
            W.P.(C).No.835 of 2012
   ----------------------------------------------
  Dated this the 20th day of December, 2022


                      JUDGMENT

The above Writ Petition is filed with the

following prayers:

"(i) To issue a writ of certiorari or any other appropriate writ order or directions calling for the records leading to Ext.P14 and quash the same;

(ii) To issue a Writ of mandamus or any other appropriate writ or order or direction declaring that Ext.P14 proceedings under the RR Act is vitiated and parallel proceedings by way of recovery under the SARFAESI Act through the DRT, are illegal and unjust..

(iii) To issue a Writ of mandamus or any other appropriate writ or order or direction directing the 4th respondent to file an affidavit in this Hon'ble Court as to the action taken on Ext.P11 judgment of this Hon'ble Court and to produce a copy of the order in this Hon'ble Court for appropriate further action; and

(iv) To grant such other relief as this WP(C) NO. 835 OF 2012

Hon'ble Court deem fit to grant in the interest of justice."[SIC]

2. The main grievance of the petitioners is

against the revenue recovery proceedings initiated

based on the requisition from the 3 rd respondent.

Pending the writ petition, it is informed that the

entire amount due to the 3rd respondent bank is paid

and the title deed is also released to the petitioners.

If that is the case, prayer Nos.1 and 2 are

infructuous.

3. The counsel appearing for the petitioners

submitted that, no action is taken by the 4 th

respondent as per the directions issued by this Court

in Ext.P11 judgment.

In the facts and circumstance of the case, I

think that question need not be considered in this

writ petition. That question is left open and the

petitioners are free to approach the 4 th respondent WP(C) NO. 835 OF 2012

with appropriate representation and take up that

matter if anything survives in it.

Therefore, this writ petition is closed, recording

the statement of the counsel appearing for the 3 rd

respondent.

Sd/-

                               P.V.KUNHIKRISHNAN
DM                                    JUDGE
 WP(C) NO. 835 OF 2012






              APPENDIX OF WP(C) 835/2012

PETITIONER EXHIBITS
EXHIBIT P1       TRUE COPY OF THE LOAN APPLICATION
                 DATED 2.2.07.
EXHIBIT P2       TRUE COPY OF THE           SANCTION    ORDER
                 DATED 17.2.07.
EXHIBIT P3       TRUE   COPY    OF   THE   VALUATION

STATEMENT DATED 19.2.2008 PREPARED BY THE AGRICULTURAL OFFICER. EXHIBIT P4 TRUE COPY OF THE ORDER DATED 24.1.2008 TO THE 1ST PETITIONER. EXHIBIT P5 TRUE COPY OF THE ORDER DATED 8.1.2008 TO THE 2ND PETITIONER. EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 26.10.09 .

EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED 12.4.10.

EXHIBIT P8 TRUE COPY OF THE NEWS REPORT DATED 15.1.2011 PUBLISHED IN MALAYALA MANORAMA DAILY.

EXHIBIT P9 TRUE COPY OF THE NEWS REPORT DATED 17.1.2011 PUBLISHED IN MALAYALA MANORAMA DAILY.

EXHIBIT P10 TRUE COPY OF THE NEWS REPORT DATED 14.1.2011 PUBLISHED IN MALAYALA MANORAMA DAILY.

EXHIBIT P11 TRUE COPY OF THE JUDGMENT DATED 8.3.2011 IN WP(C) 4351/2011. EXHIBIT P12 TRUE COPY OF THE LAWER NOTICE WP(C) NO. 835 OF 2012

DATED 1.8.2011.

EXHIBIT P13 TRUE COPY OF THE SUMMONS DATED 17.2.2011 IN OA 51/2011.

EXHIBIT P14       TRUE COPY OF THE             DEMAND   NOTICE
                  DATED 14.12.2011

RESPONDENTS EXHIBITS : NIL

//TRUE COPY//                    PA TO JUDGE