Kerala High Court
Canara Bank vs The Tahsildar, Revenue Recovery on 20 June, 2023
WP(C) No.19495/2022 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
Tuesday, the 20th day of June 2023 / 30th Jyaishta, 1945
IA.NO.1/2023 IN WP(C) NO. 19495 OF 2022(J)
PETITIONER/PETITIONER:
CANARA BANK, ARM BRANCH, 2ND FLOOR, CANARA BANK BUILDING, CHITTOOR
ROAD, OPPOSITE GOVERNMENT GIRL HIGH SCHOOL, ERNAKULAM - 682035,
REPRESENTED BY ITS SENIOR MANAGER.
RESPONDENTS/RESPONDENTS:
1. TAHSILDAR, REVENUE RECOVERY, TALUK OFFICE, THRISSUR - 680306.
2. SUB-REGISTRAR, SUB- REGISTRAR OFFICE, KUTTANELLUR, THRISSUR -
680014.
3. SUB-REGISTRAR, SUB- REGISTRAR OFFICE, OLLUKKARA, THRISSUR - 680655.
4. SRI.RAJESH JOSE, S/O. SRI. JOSE, KURIYAPARAMBIL HOUSE, MARIYAPURAM,
ANCHERY P.O., THRISSUR - 680006.
5. SRI. SHYJU A.S, ATTAPARAMBIL HOUSE, ST. THOMAS STREET, KURIACHARA,
THRISSUR - 680006.
6. M/S. JOSE SONS, TC 5/155, KURIAPARAMBIL HOUSE, KURIACHARA, ANCHERI
P.O., THRISSUR - 680006.
7. VILLAGE OFFICER, OLLUR VILLAGE OFFICE, OLLUR, THRISSUR - 680306.
8. VILLAGE OFFICER, PANANCHERY VILLAGE OFFICE, PANANCHERY, THRISSUR -
680652.
9. ADDL.R9. SRI. SHAJU.K.F., KATTIPARAMBIL HOUSE, KOTTAYI, EAST CHURCH,
KALLUR.P.O., THRISSUR-680317.
10. ADDL.R10. JANA NANMA NIDHI INDIA LTD., DOOR NO. 6/284, NEAR
NIRMALAMATHA SCHOOL, EAST FORT THRISSUR, KERALA INDIA-680001.
(ADDL.R9 & ADDL.R10 ARE IMPLEADED AS PER ORDER DATED 27-09-2022 IN
IA 1/2022 IN WP(C)).
11. ADDL.R11. JANAPADHAM KURIES PVT. LTD., SAKTHAN ARCADE, SAKTHAN
THAMPURAN NAGAR, THRISSUR-680001, REPRESENTED BY ITS CHAIRMAN.
(ADDL.R11 IMPLEADED AS PER ORDER DATED 16-11-2022 IN IA 3/2022 IN
WP(C))
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to correct the
judgment passed on 11.01.2023 by substituting orders of attachment dated
29.5.2015 and 18.1.2020 with orders of attachment dated 29.05.2015,
01.02.2019 and 18.01.2020, as originally granted, in the conditions for
effacing the attachment/encumbrance in Exhibit P9 and P10 certificates, in
the interest of justice, equity and good conscience.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof and this courts judgement dated
11.01.2023 and upon hearing the arguments of M/S. M.J.RAJASREE, K.V.ANIL,
WP(C) No.19495/2022 2/4
ANIRUDH KADAVIL, Advocates for the petitioner in IA/WP(C), GOVERNMENT
PLEADER for the respondents 1 to 3 and 7 & 8 in IA/WP(C) and of M/S.
T.M.CHANDRAN, S.SUJITH Advocates for the 11th respondent in IA/Additional
11th respondent in WP(C), the court passed the following:
WP(C) No.19495/2022 3/4
T.R. RAVI, J.
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W. P. (C). No. 19495 of 2022
--------------------------------------------
Dated this the 20th day of June, 2023
ORDER
I.A.No.1 of 2023
The application has been filed seeking correction of the
judgment of this Court by substituting orders of attachment dated
29.05.2015, 01.02.2019 and 18.01.2020. Going through the
affidavit in support of the application and after hearing the counsel,
I am satisfied that the correction is necessary to be made.
2. In the above circumstances, the 2nd sentence in
paragraph 2 of the judgment beginning " It is submitted that the
attachments were effected ...... ...." shall be replaced by the
following sentence; "It is submitted that the attachments were
effected on 29.5.2015, 1.2.2019 and 18.1.2020 and the
mortgage was created prior to the said dates, in the year 2013."
The Registry shall issue corrected copy of the judgment to the
parties.
Sd/-
T.R. RAVI
JUDGE
Pn
20-06-2023 /True Copy/ Assistant Registrar
WP(C) No.19495/2022 4/4
APPENDIX OF WP(C) 19495/2022
Exhibit P9 A TRUE COPY OF THE ENCUMBRANCE CERTIFICATE NO.7243/2022
DATED 02.06.2022 IN RESPECT OF 1ST ITEM OF EXHIBIT P7
ISSUED BY THE 2ND RESPONDENT.
Exhibit P10 A TRUE COPY OF THE ENCUMBRANCE CERTIFICATE NO.6916/2022
DATED 03.06.2022 IN RESPECT OF 2ND ITEM OF EXHIBIT P7
ISSUED BY THE 3RD RESPONDENT.
20-06-2023 /True Copy/ Assistant Registrar
