Kerala High Court
Rohini M vs The Manager on 25 August, 2023
WP(C) NO. 28817 OF 2023 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 25TH DAY OF AUGUST 2023 / 3RD BHADRA, 1945
WP(C) NO. 28817 OF 2023
PETITIONER/S:
1 ROHINI MAGED 55 YEARSW/O.PRABHAKARAN E.V., RESIDING
AT MULLIKKAL HOUSE, NEAR KURUVANTHATTA TEMPLE,
VADAKKUMBAD P.O., RAMANTHALI VILLAGE, PAYYANNUR
TALUK, KANNUR DISTRICT, PIN - 670105
2 SREEHARI MAGED 23 YEARSS/O. PRABHAKARAN E.V.,
RESIDING AT MULLIKKAL HOUSE, NEAR KURUVANTHATTA
TEMPLE, VADAKKUMBAD P.O., RAMANTHALI VILLAGE,
PAYYANNUR TALUK, KANNUR DISTRICT, PIN - 670105
BY ADVS.
T.MADHU
C.R.SARADAMANI
RENJISH S. MENON
VRINDA T.S.
AISWARYA JAYAPAL
RESPONDENT/S:
1 THE MANAGERSTATE BANK OF INDIA, RASMEC KANHANGAD,
RAMNAGAR ROAD, KOTTACHERY, KANHANGAD, KASARAGOD
DISTRICT, PIN - 671315
2 THE DISTRICT COLLECTORKANNUR, CIVIL STATION, KANNUR
DISTRICT, PIN - 670002
3 THE DEPUTY TAHSILDARPAYYANNUR TALUK, TALUK OFFICE
BUILDING, ANNUR ROAD, PAYYANNUR, KANNUR DISTRICT,
PIN - 670307
4 THE VILLAGE OFFICERRAMANTHALI VILLAGE, KANNUR
WP(C) NO. 28817 OF 2023 2
DISTRICT, PIN - 670308
5 MANUPRABHA MS/O. PRABHAKARAN E.V., POOMALA HOUSE,
VADAKKUMBAD P.O., RAMANTHALI VILLAGE, PAYYANNUR
TALUK, KANNUR DISTRICT, PIN - 670105
OTHER PRESENT:
SRI.GILBERT GEORGE CORREYA, SC, SMT. VIDYA
KURIAKOSE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 28817 OF 2023 3
P.V.KUNHIKRISHNAN, J
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W.P.(C.) No. 28817 of 2023
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Dated this the 25th day of August, 2023
JUDGMENT
The above writ petition is filed with following prayers :
(i) "Issue a writ of certiorari and quash the Exhibits P2 to
P5 revenue recovery notices dated 19/7/2023 issued by the
third respondent, so as to secure the ends of justice.
(ii) Issue a writ of mandamus or any other appropriate writ,
direction or order directing the third respondent to consider
and take appropriate further action on Exhibit P6
representation dated 3/8/2023 submitted by the petitioners
before the third respondent as expeditiously as possible and
within a time frame fixed by this Honourable Court, so as to
secure the ends of justice.
(iii) This Honourable Court may be pleased to dispense with
filing of the English translation of documents which is in
vernacular Language, so as to secure the ends of justice.
And
(iv) Such other relief's as this Hon'ble Court may deem fit
and proper in the circumstances of the case" [SIC]
2. The 5th respondent herein availed two MSME loans
from the 1st respondent. It is the case of the petitioners that
they defaulted in repaying the above loans. The husband of the
1st petitioner, Sri.E.V. Prabhakaran was the owner of the
property covered by Ext.P1. He died intestate in respect of the
above properties. He is survived by the petitioners, 5 th
respondent herein and one Sanuprabha, the brother of the 2 nd
petitioner as his legal heirs. The 3 rd respondent issued Exts.P2
to P5 revenue recovery notices against the property covered by
Ext.P1 owned by the husband of the 1st petitioner, Sri.E.V.
Prabhakaran. According to the petitioners, the revenue
recovery proceedings initiated against the property covered by
Exts.P2 to P5 is illegal and is in arbitrary exercise of power.
The petitioners submitted Ext.P6 before the 3 rd respondent.
The grievance of the petitioners is that the same is also not
considered.
3. Heard the learned counsel for the petitioners and the
learned Standing Counsel appearing for the 1 st respondent. I
also heard the learned Government Pleader who appeared for
respondent Nos. 2 to 4. No notice is necessary to the 5 th
respondent because of the way in which this writ petition is
going to be disposed of.
4. After hearing both sides, I think this writ petition
itself can be disposed of directing the 3 rd respondent to
consider Ext.P6 within a time frame.
Therefore, this writ petition is disposed of with the
following directions :
1) The 3rd respondent is directed to consider and pass
appropriate orders in Ext.P6 after giving an opportunity of
hearing to the petitioners and the 5 th respondent as
expeditiously as possible, at any rate, within one month
from the date of receipt of a certified copy of this
judgment.
2) Till final orders are passed, the recovery against the
petitioners alone shall be deferred.
3) The petitioners will produce a certified copy of this
judgment along with a copy of this writ petition before the
3rd respondent for compliance.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(C) 28817/2023
PETITIONER EXHIBITS
Exhibit-P1 THE TRUE COPY OF THE BASIC TAX RECEIPT
DATED 25/5/2023 ISSUED BY THE VILLAGE
OFFICER, RAMANTHALI VILLAGE
Exhibit-P2 THE TRUE COPY OF THE REVENUE RECOVERY
NOTICE DATED 19/7/2023 BEARING RRC
NO.2023/5432/13 ISSUED BY THE THIRD
RESPONDENT UNDER SECTION 7 OF THE REVENUE
RECOVERY ACT TO REALIZE AN AMOUNT OF
RS.712852/- FROM THE FIFTH RESPONDENT
Exhibit-P3 THE TRUE COPY OF THE REVENUE RECOVERY
NOTICE DATED 19/7/2023 BEARING RRC
NO.2023/5432/13 ISSUED BY THE THIRD
RESPONDENT UNDER SECTION 34 OF THE REVENUE
RECOVERY ACT TO REALIZE AN AMOUNT OF
RS.712852/- FROM THE FIFTH RESPONDENT
Exhibit-P4 THE TRUE COPY OF THE REVENUE RECOVERY
NOTICE DATED 19/7/2023 BEARING RRC
NO.2023/5433/13 ISSUED BY THE THIRD
RESPONDENT UNDER SECTION 7 OF THE REVENUE
RECOVERY ACT TO REALIZE AN AMOUNT OF
RS.423947/- FROM THE FIFTH RESPONDENT
Exhibit-P5 THE TRUE COPY OF THE REVENUE RECOVERY
NOTICE DATED 19/7/2023 BEARING RRC
NO.2023/5433/13 ISSUED BY THE THIRD
RESPONDENT UNDER SECTION 34 OF THE REVENUE
RECOVERY ACT TO REALIZE AN AMOUNT OF
RS.4,23,947/- FROM THE FIFTH RESPONDENT
Exhibit-P6 THE TRUE COPY OF THE REPRESENTATION DATED
3/8/2023 SUBMITTED BY THE PETITIONERS
BEFORE THE THIRD RESPONDENT
