Sunny vs Dy. Thahsildar (Rr)
2022 Latest Caselaw 1881 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

                THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

         FRIDAY, THE 18TH DAY OF FEBRUARY 2022 / 29TH MAGHA, 1943

                         WP(C) NO. 4826 OF 2013

PETITIONER/S:

     1      V.P. SUNNY, S/O. PAUL,
            VELLIMOOZHIYIL HOUSE, IRUMBAKAMCHOLA P.O. KANJIRAPUZHA,
            MANNARKKAD, PALAKKAD.
            ADDL. PETITIONERS 2 TO 4 IMPLEADED:

     2      RESMI MATHEW
            D/O LATE V P SUNNY, VELLIMOOZHIYIL HOUSE, IRUMBAKAMCHOLA
            PO, KANJIRAPUZHA, MANNARKKAD, PALAKKAD-678 591
     3      SURAJ MATHEW
            S/O LATE V P SUNNY, VELLIMOOZHIYIL HOUSE, IRUMBAKAMCHOLA
            PO, KANJIRAPUZHA, MANNARKKAD, PALAKKAD-678 591.
     4      MANJUSH
            S/O LATE V P SUNNY, VELLIMOOZHIYIL HOUSE, IRUMBAKAMCHOLA
            PO, KANJIRAPUZHA, MANNARKKAD, PALAKKAD-678 591

            (ADDL. PETITIONERS 2 TO 4 IMPLEADED AS PER ORDER DATED
            11.01.2022 IN IA 1/2022)
            BY ADV SRI.VARGHESE PREM


RESPONDENT/S:

     1      DY. THAHSILDAR (REVENUE RECOVERY)
            MANNARKKAD, PALAKKAD - 678 001
     2      STATE BANK OF INDIA
            REPRESENTED BY ITS BRANCH MANAGER, KANJIRAMPUZHA BRANCH -
            PALAKKAD - 678 001.



            R1 - SRI.K.P.HARISH,SENIOR GOVERNMENT PLEADER
            R2 - SRI.P.V.SURENDRANATH, SC



      THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.02.2022,

     THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
  W.P.(C) No. 4826/2013                    :2:




               Dated this the 18th day of February, 2022.

                             JUDGMENT

This writ petition is filed by the petitioner seeking the following

reliefs:

1. A writ of certiorari or any other appropriate writ, direction or order quashing Ext. P1 and all further proceedings pursuant to the same as illegal and baseless.

2. A writ of mandamus or any other appropriate writ, direction or order directing the respondent not to proceed against the petitioner until the amounts due from the petitioner is quantified as per proceedings in O.A. No. 330/11 pending before the Debt Recovery Tribunal.

2. The subject issue relates to Ext. P1 notice dated 16.11.2012

issued by the Deputy Tahsildar (Revenue Recovery), Mannarkkad,

Palakkad District, 1st respondent, under Section 34 of the Kerala

Revenue Recovery Act, 1968 dealing with demand to be served prior to

the attachment of land. Apparently, the petitioner has submitted Ext.

P7 objection to the notice in detail, and contended that the

quantification of the amount for recovery is not correct, and therefore,

the petitioner is not liable to pay the amount which are not due from

the petitioner.

3. Anyhow, this matter was pending before this Court from the

year 2013. It is true, the stay of further proceedings pertaining to Ext.

P1 was granted to the petitioner on 19.02.2013 and the same was

extended until further orders on 27.03.2013. However, the subject

issue has to attain finality.

4. The paramount contention advanced by the petitioner is that

the proceedings initiated by the State Bank of India, Kanjirampuzha

Branch, Palakkad District, 2 nd respondent, is pending before the Debt

Recovery Tribunal. Whatever that be, it is a settled position that a

proceeding under the Act, 1968 is not prevented, merely because a

proceeding is pending before the Debt Recovery Tribunal at the

instance of the Bank.

5. Now, it is only appropriate that the writ petition is disposed of

directing the Deputy Tahsildar (Revenue Recovery), Mannarkkad,

Palakkad, the first respondent, to finalise the proceedings after taking

into consideration Ext. P7 objection submitted by the petitioner.

6. Therefore, after having heard the learned counsel for the petitioner

Sri. Varghese Prem, learned Senior Government Pleader Sri. K.P.

Harish and Sri. P. V. Surendranath appearing for the Bank, this writ

petition is disposed of directing the first respondent to finalise the

proceedings pertaining to Ext. P1 demand notice prior to the

attachment, after taking into account Ext. P7 objection submitted by

the petitioner at the earliest and at any rate within two months from

the date of receipt of a copy of this judgment. The petitioner shall also

be given an opportunity of hearing before finalising the proceedings.

Till the finalisation of the proceedings, the interim order granted by

this Court on 19.02.2013 will continue to be in force.

sd/- SHAJI P. CHALY, JUDGE.

Rv

APPENDIX

PETITIONERS' EXHIBITS:

EXT.P1: TRUE COPY OF THE RR NOTICE COLLECTORATE FILE NO.2012/88859/9.

EXT.P2: COPY OF THE INSURANCE CERTIFICATE.

EXT.P3: COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT.

EXT.P4: TRUE COPY OF THE EXTRACT OF PASSBOOK NO.A/C 30127273813.

EXT.P5: TRUE COPY OF THE EXTRACT OF PASSBOOK NO. A/C 30079994688 KCC 891

EXT.P6: TRUE EXTRACT OF THE OA 330/11.

EXT.P7: TRUE COPY OF THE OBJECTION TO THE 1ST RESOPNDENT DATED 08.01.2013.

RESPONDENTS' EXHIBITS: NIL

EXT.R2(a): TRUE COPY OF THE HOUSING TERM LOAN ACCOUNT NO. 30127273813.

EXT.R2(b): TRUE COPY OF THE STATEMENT OF ACCOUNT WITH RESPECT TO THE AGRICULTURAL CASH CREDIT LOAN ACCOUNT NO. 30079994688.

EXT.R2(c): TRUE COPY OF THE STATEMENT OF ACCOUNT WITH RESPECT TO THE AGRICULTURAL TERM LOAN ACCOUNT NO. 30081843760.

/True Copy/

PS TO JUDGE.

RV