Kerala High Court
A.L.George vs Agency For Development Of Acqa ... on 2 May, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
TUESDAY, THE 2ND DAY OF MAY 2023 / 12TH VAISAKHA, 1945
RFA NO. 533 OF 2004
AGAINST THE JUDGMENT AND DECREE DANTED 31.10.2003 IN OS
318/1999 OF ADDITIONAL SUB COURT, IRINJALAKUDA
APPELLANTS/PLAINTIFFS:
1 A.J.VAKKACHAN, AGED 41 YEARS, S/O. V.J.AMBOOKAN,
AMBOOKKAN HOUSE, POYYA VILLAGE,, TRICHUR
DISTRICT.
2 A.J.JOJO, AGED 38 YEARS, S/O.V.J.AMBOOKAN,
AMBOOKKAN HOUSE, POYYA VILLAGE,, TRICHUR
DISTRICT.
3 GEORGE WILLIE, AGED 37 YEARS, S/O. DR.WILLIE
GEORGE, OLLATTIKULAM HOUSE, CHALAKUDY VILLAGE,
MUKUNDAPURAM TALUK, TRICHUR, DISTRICT.
4 A.V.KOCHOUSEPH, AGED 78 YEARS, S/O. I.VARKEY
AMBOOKAN, AMBOOKKAN HOUSE, POYYA VILLAGE,
TRICHUR DISTRICT.
5 A.E.JOSE, AGED 42 YEARS, S/O. EPHREM
AMBOOKAN, AMBOOKKAN HOUSE, POYYA VILLAGE,
TRICHUR DISTRICT.
6 A.E.GEORGE, AGED 45 YEARS, S/O. EPHREM AMBOOKAN,
AMBOOKKAN HOUSE, POYYA VILLAGE, TRICHUR
DISTRICT.
BY ADVS.
SRI.V.M.KURIAN
SRI.MATHEW B. KURIAN
SRI.K.T.THOMAS
SRI.A.V.THOMAS
RESPONDENTS/DEFENDANTS:
1 AGENCY FOR DEVELOPMENT OF AQUA CULTURE
KERALA (ADAK) TC.15/1494, REEJA MINCHIN ROAD,
RFA Nos.533/2004, 150/2005, 69/2009
..2..
TRIVANDRUM 695 014, REPRESENTED BY ITS EXECUTIVE
DIRECTOR.
2 ADAK, HOUSE NO.102-E33, SOUMYA NAGAR
ROAD, ALINCHUVADU, EDAPPALLY P.O., KOCHI-682
024, REPRESENTED BY ITS REGIONAL EXECUTIVE.
3 M/S. KITCO LIMITED, M.G.ROAD, COCHIN 682 016,
REPRESENTED BY ITS CHIEF EXECUTIVE
4 STATE OF KERALA REPRESENTED BY
PRINCIPAL SECRETARY, FISHERIES DEPARTMENT,
THIRUVANANTHAPURAM.
BY ADVS.
SRI.S.SUDHEESH KUMAR, SC, AGENCY FOR DEVEP. OF
AQUACULTURE
SRI.K.L.JOSEPH
SMT.PRIYA KRISHNAMOORTHY
SMT.AMMINIKUTTY SR GP
THIS REGULAR FIRST APPEAL HAVING COME UP FOR ADMIS-
SION ON 02.05.2023, ALONG WITH RFA.150/2005 AND 69/2009,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RFA Nos.533/2004, 150/2005, 69/2009
..3..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
TUESDAY, THE 2ND DAY OF MAY 2023 / 12TH VAISAKHA, 1945
RFA NO. 150 OF 2005
AGAINST THE JUDGMENT AND DECREE DATED 28.02.2004 IN OS
277/1999 OF PRINCIPAL SUB COURT, IRINJALAKUDA
APPELLANT/PLAINTIFFS:
1 A.L.GEORGE, AGED 44 YRS, SON OF LOUIS AMBOOKAN,
AMBOOKAN HOUSE, POYYA, POYYA VILLAGE,
KODUNGALLOOR TALUK,, TRISSUR DISTRICT.
2 JESSY GEORGE, AGED 40 YEARS, WIFE OF A.L.GEORGE,
AMBOOKAN HOUSE, POYYA, POYYA VILLAGE,
KODUNGALLOOR TALUK,, TRISSUR DISTRICT.
BY ADVS.
SRI.V.M.KURIAN
SRI.MATHEW B. KURIAN
SRI.K.T.THOMAS
SRI.A.V.THOMAS
RESPONDENTS/DEFENDANTS:
1 AGENCY FOR DEVELOPMENT OF ACQA CULTURAL
CULTURE KERALA (ADAK) T.C.15/1494, REEJA MINCHIN
ROAD, THIRUVANANTHAPURAM-695 014, REPRESENTED BY
ITS EXECUTIVE DIRECTOR.
2 ADAK, HOUSE NO.102-E33, SOUMYA NAGAR ROAD,
ALINCHUVADU, EDAPPALLY P.O., KOCHI-682 024,
REPRESENTED BY ITS REGIONAL EXECUTIVE.
3 M/S.KITCO LIMITED, M.G.ROAD, COCHIN-682 016,
REPRESENTED BY ITS CHIEF EXECUTIVE.
4 STATE OF KERALA, REPRESENTED
BY PRINCIPAL SECRETARY, FISHERIES DEPARTMENT,
RFA Nos.533/2004, 150/2005, 69/2009
..4..
THIRUVANANTHAPURAM.
BY ADVS.
SRI.S.SUDHISH KUMAR
SRI.A.K.JAYASANKAR NAMBIAR
SRI.K.L.JOSEPH
SRI.E.K.NANDAKUMAR
SMT.PRIYA KRISHNAMOORTHY
SRI.A.M.SHAFFIQUE SR.
SRI.C.A.JOYSCADAK
SRI.T.K. VIPINDAS SR GP
THIS REGULAR FIRST APPEAL HAVING COME UP FOR
ADMISSION ON 02.05.2023, ALONG WITH RFA.533/2004 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
RFA Nos.533/2004, 150/2005, 69/2009
..5..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
TUESDAY, THE 2ND DAY OF MAY 2023 / 12TH VAISAKHA, 1945
RFA NO. 69 OF 2009
AGAINST THE JUDGMENT AND DECREE DATED 31.10
2003 IN OS 376/1999 OF ADDITIONAL SUB COURT, IRINJALAKUDA
AS 168/2004 OF DISTRICT COURT & SESSIONS COURT,THRISSUR
APPELLANTS/PLAINTIFFS:
1 DR.T.J.GEORGE, S/O T.J JOSEPH, THUMBASSERIL
HOUSE, JOSE VILLA, KANJIRAPPILLY, KOTTAYAM
DISTRICT (DIED).
2 SMT.ITHAMMA GEORGE, W/O.GEORGE, THUMBASSERIL
HOUSE, JOSE VILLA,, KANJIRAPPILLY, KOTTAYAM
DISTRICT.
3 MARY SUNIL, D/O.T.J.GEORGE AND WIFE OF
SUNIL THOMAS, AGED 33, KALLAMKULAM HOUSE,
PARATHODE, P.O.VELICHIYANI, KOTTAYAM-686 512.
4 ANNE GEORGE, D/O.T.J.GEORGE AND W/O.T.P.THOMAS,
AGED 32, THUMPASSERY HOUSE,, KANJIRAPALLY, KOT-
TAYAM -686 507.
AMENDED AS PER ORDER IN I.A 3236/2004 DATED
22.01.2005.
BY ADVS.
SRI.V.M.KURIAN
SRI.MATHEW B. KURIAN
SRI.K.T.THOMAS
RESPONDENTS/DEFENDANTS:
1 AGENCY FOR DEVELOPMENT OF AQUACULTURE
RFA Nos.533/2004, 150/2005, 69/2009
..6..
KERALA (ADAK), T.C.15/1494, REEJA MINCHIN ROAD,
THIRUVANANTHAPURAM-695 014, REPRESENTED BY ITS
EXECUTIVE DIRECTOR.
2 ADAK, HOUSE NO.102-E33, SOUMYA NAGAR ROAD,
ALINCHUVADU, EDAPPALLY.P.O., KOCHI-682 024,
REPRESENTED BY ITS REGIONAL EXECUTIVE.
3 M/S.KITCO LIMITED, M.G.ROAD, KOCHI-682 016
REPRESENTED BY ITS CHIEF EXECUTIVE.
4 STATE OF KERALA REPRESENTED BY
PRINCIPAL SECRETARY, FISHERIES DEPARTMENT,
THIRUVANANTHAPURAM.
BY ADV SRI.S.SUDHISH KUMAR
SMT. AMMINIKUTTY SR GP
THIS REGULAR FIRST APPEAL HAVING COME UP FOR ADMIS-
SION ON 02.05.2023, ALONG WITH RFA.533/2004 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RFA Nos.533/2004, 150/2005, 69/2009
..7..
J U D G M E N T
These matters arise from a suit instituted by
the borrowers, who availed loan from the Agency
for Development of Aqua Culture Kerala (ADAK).
They challenge the revenue recovery proceedings
consequent upon the default in repayment of the
loan amount. The suits were instituted as early
as in the year 1999.
The learned counsel for the appellants placed
before me a Government Order dated 16.11.2015,
which reads thus:
RFA Nos.533/2004, 150/2005, 69/2009
..8..
RFA Nos.533/2004, 150/2005, 69/2009
..9..
It is submitted that the in the light of the
above Government Order, the grievance of the
appellants have been redressed.
RFA Nos.533/2004, 150/2005, 69/2009
..10..
Recording the above submission, these appeals
are disposed of.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
PR
