George.C.J vs The Kerala Gramin Bank, ...
2023 Latest Caselaw 4229 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
         THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
 FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945
                    WP(C) NO. 7631 OF 2023
PETITIONER:

            GEORGE.C.J,
            AGED 58 YEARS
            S/O. JOSEPH,
            CHAKKUPATHAPARAMBIL HOUSE,
            KEEZHPALLY.P.O,
            KANNUR DISTRICT,
            PIN - 670704

            BY ADVS.CIBI THOMAS
                    ANSIA K.A.


RESPONDENTS:

    1       THE KERALA GRAMIN BANK,
            KEEZHPALLY BRANCH,
            REPRESENTED BY ITS BRANCH MANAGER,
            KEEZHPALLY.P.O,
            KANNUR DISTRICT,
            PIN - 670 704

    2       THE DEPUTY TAHSILDAR,
            IRITTY TALUK,
            IRITTY. P.O,
            KANNUR DISTRICT,
            PIN - 670703

            R1 BY ADV. K.M.ANEESH
            R2 BY SMT. DEEPA NARAYANAN, SENIOR GOVERNMENT
            PLEADER


     THIS     WRIT PETITION   (CIVIL) HAVING     COME UP    FOR
ADMISSION ON 31.03.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 W.P.(C.) No. 7631/2023                 2




                                    JUDGMENT

This writ petition is filed by the petitioner seeking the

following reliefs:-

"i. Issue a writ of certiorari calling for the records leading to Ext.P4 and P5 and quash the original of the same; ii. issue a declaration that in the light of the stipulations contained in Ext.P3 decree, the Revenue Recovery Proceedings are not legally sustainable; iii. issue a declaration that the petitioner is not liable to pay the cost of the civil proceedings and the charges under the Revenue Recovery proceedings simultaneously;

iv. issue a writ of mandamus or any other appropriate writ order or direction directing the 1st respondent to pay exemplary damages to the petitioner;

v. to permit the petitioner to produce translations of the vernacular documents as and when directed by this Hon'ble Court."

2. Petitioner's daughter availed an education loan of

Rs.2,60,000/-, on 23.11.2009 from the first respondent

Bank wherein, petitioner is one of the sureties. The first

respondent bank secured Ext.P3 decree, dated 09.06.2022

from the Munsiff Court, Kuthuparamba for realisation of the

loan amount along with the interest and other charges. As

per Ext.P3, one year time is granted to the petitioner to

make the payment. However, unmindful of the same, the

Deputy Tahsildar, Iritty Taluk, Kannur - the second

respondent has issued notices under Sections 7 and 34 of

the Kerala Revenue Recovery Act, 1968 (for short, 'the Act,

1968'). It is thus challenging the coercive action initiated

under the Act, 1968, this writ petition is filed.

3. The paramount contention advanced by the

petitioner is that there is a decree passed by a civil court

and one year time is granted for payment of the same,

which expires only in June, 2023 and the respondents are

not entitled as of right to initiate revenue recovery action.

It is also submitted that if the revenue recovery action is

permitted to be implemented that will go against the spirit

of the decree passed by the civil court in favour of the

bank.

4. Having heard learned counsel for the petitioner,

Sri. Cibi Thomas, learned Standing Counsel for the first

respondent Bank, Sri. K.M. Aneesh and learned Senior

Government Pleader, Smt. Deepa Narayanan, the writ

petition can be disposed of in view of the submission made

by learned counsel for the petitioner.

5. Learned counsel for the Bank submitted that the

period of one year expires in June, 2023, therefore, the

Bank has no objection to keep the recovery proceedings in

abeyance till June, 2023.

In that view of the matter, the writ petition is disposed

of directing the revenue recovery authority to keep the

recovery proceedings in abeyance, till the end of June,

2023. I make it clear that if the petitioner is not making the

payment, in accordance with the decree, then the

respondents will be at liberty to resurrect the proceedings

initiated under the Act, 1968 and proceed, in accordance

with law.

Sd/-

SHAJI P. CHALY JUDGE

DCS/31.03.2023

APPENDIX PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE PLAINT IN OS.NO.

101/2022 BEFORE THE MUSIFF COURT, KUTHUPARAMBA

EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 09.06.2022 IN OS.NO. 101/2022 BEFORE THE MUSIFF COURT, KUTHUPARAMBA

EXHIBIT P3 TRUE COPY OF THE DECREE IN OS.NO.

101/2022 BEFORE THE MUSIFF COURT, KUTHUPARAMBA

EXHIBIT P4 TRUE COPY OF THE NOTICE RRC NO.

2019/6474/13 ISSUED UNDER SECTION 7 OF THE KERALA REVENUE RECOVERY ACT DATED 29.06.2021

EXHIBIT P5 TRUE COPY OF THE NOTICE RRC NO.

2019/6474/13 UNDER SECTION 34 KERALA REVENUE RECOVERY ACT DATED 13.07.2021