Ushakumari M vs State Of Kerala
2023 Latest Caselaw 9945 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    MONDAY, THE 18TH DAY OF SEPTEMBER 2023 / 27TH BHADRA, 1945
                      WP(C) NO. 30286 OF 2023
PETITIONERS:
     1     USHAKUMARI M, AGED 40 YEARS W/O HARIDAS, 4/499,
           MAYAPALLAM, KANJIKODE P.O, PALAKKAD, KERALA, PIN -
           678621

    2     PREETHA M, AGED 44 YEARS, W/O HARIDAS, PARAKKAL HOUSE,
          SOORYAPARA, KOZHINJAMPARA, PALAKKAD, KERALA, PIN -
          678554

          BY ADV AAMIR SOHRAB M. M.


RESPONDENTS:
     1     STATE OF KERALA DEPARTMENT OF REVENUE, REPRESENTED BY
           ITS PRINCIPAL SECRETARY, ROOM NO. 201-A, 1ST FLOOR,
           ANNEX I, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

    2     DEPUTY TAHSILDAR CHITTUR TALUK, CHITTUR TALUK OFFICE,
          PALAKKAD DISTRICT,, PIN - 678101

    3     DEPUTY TAHSILDAR PALAKKAD, PALAKKAD TALUK OFFICE,
          PALAKKAD DISTRICT, PIN - 678001

    4     CANARA BANK LIMITED SME BRANCH, KANJIKODE, PALAKKAD ,
          REPRESENTED BY ITS MANAGER, PIN - 678621

    5     MANAGER CANARA BANK LIMITED, SME BRANCH, KANJIKODE,
          PALAKKAD, PIN - 678621

          SRI.SUNIL K.KURIAKOSE, GP,
          SMT. AKHILA NAMBIAR


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 30286 OF 2023
                                     2


                                  JUDGMENT

The petitioners' limited plea, as voiced by their learned

counsel - Sri.Aamir Sohrab M.M., is that Exts.P11 and P12

representations preferred by them before respondents 2 and 3

respectively against Exts.P3 to P10 Revenue Recovery notices,

issued under Section 34(2) of the Kerala Revenue Recovery

Act, be directed to be taken up and disposed of within a time

frame to be fixed by this Court.

2. Smt.Akhila Nambiar - learned standing counsel for the

respondent - Bank, however, submitted that against the action

taken by her client for recovery of the amounts in question,

the petitioners had earlier approached this Court in WP(C)

No.27760/2023, but which had been dismissed by a learned

Judge of this Court, holding that the petitioners' remedy is to

invoke relief before the Debts Recovery Tribunal. She

submitted that, therefore, this writ petition, assailing the

consequent Revenue Recovery action, is not maintainable,

particularly because the afore factum has been suppressed.

3. Sri.Sunil Kumar Kuriakose, learned Government

Pleader, submitted that since Exts.P11 and P12 are objections

to statutory notices, the same will certainly be considered by WP(C) NO. 30286 OF 2023

the competent Authorities and that the petitioners need not

have approached this Court through this writ petition.

4. When I evaluate the afore rival submissions, it is

evident that the cause of action presently projected by the

petitioners in this case is against Revenue Recovery action,

initiated by respondents 2 and 3 under the requisition of the

Bank, as per the Revenue Recovery Act. The preferring of

objections to the statutory notices is a remedy available to all

borrowers and one fails to understand how the Bank can stand

against the same being considered by the competent Authority

in terms of law. Of course, when they do so, they will certainly

have to advert to the earlier judgment of this Court, referred to

by Smt.Akhila Nambiar.

5. In the afore circumstances, I allow this writ petition

and direct respondents 2 and 3 to take up Exts.P11 and P12

respectively and dispose of the same, adverting specifically to

the judgment of this Court in WP(C) No.27760/2023, after

affording an opportunity of being heard to the petitioners and

the competent Authority of the fourth respondent - Bank; thus

culminating in an appropriate order and necessary action

thereon within a period of three weeks from the date of receipt WP(C) NO. 30286 OF 2023

of a copy of this judgment.

6. At this time, Sri.Sunil Kumar Kuriakose - learned

Government Pleader, intervened to say that he has a doubt

whether the competent Authority to consider objections

against Section 34 action is the District Collector. This issue is

not being considered by this Court, since it has not been

impelled; and I, therefore, leave liberty to respondents 2 and 3

to consider the maintainability of Exts.P11 and P12 before

them also during the afore exercise.

Until such time as the afore exercise is done and the

resultant order communicated to the petitioners, further action

under the revenue recovery notice shall stand deferred;

however, with an adscititious order to the petitioners not to

deal with the property and to maintain complete status quo

with respect to it.

Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 30286 OF 2023

APPENDIX OF WP(C) 30286/2023 PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE FEASIBILITY REPORT ISSUED AND FORWARDED BY THE ASSISTANT DISTRICT INDUSTRIES OFFICER (TALUK INDUSTRIES OFFICE, PALAKKAD) TO THE ERSTWHILE RESPONDENT NO.5 MANAGER, DATED 02.06.2017

Exhibit P2 A TRUE COPY OF THE NOTICE ISSUED BY THE REGISTRAR, DEBTS RECOVERY TRIBUNAL-1, ERNAKULAM DIRECTING THE PETITIONERS INTER

OF 2023 FILED BY RESPONDENT NO.4 BANK, DATED 18.05.2023

Exhibit P3 A TRUE COPY OF THE DEMAND NOTICE ISSUED TO PETITIONER NO.2 BY RESPONDENT NO.2 UNDER SECTION 34 OF KERALA REVENUE RECOVERY ACT, 1968, DATED 20.04.2023

Exhibit P4 A TRUE COPY OF THE DEMAND NOTICE ISSUED TO PETITIONER NO.2 BY RESPONDENT NO.2 UNDER SECTION 7 OF KERALA REVENUE RECOVERY ACT, 1968, DATED 20.04.2023

Exhibit P5 A TRUE COPY OF THE DEMAND NOTICE ISSUED TO PETITIONER NO.1 BY RESPONDENT NO.3 UNDER SECTION 34 OF KERALA REVENUE RECOVERY ACT, 1968, DATED 29.04.2023

Exhibit P6 A TRUE COPY OF THE DEMAND NOTICE ISSUED TO PETITIONER NO.1 BY RESPONDENT NO.3 UNDER SECTION 7 OF KERALA REVENUE RECOVERY ACT, 1968, DATED 28.04.2023

Exhibit P7 A TRUE COPY OF THE DEMAND NOTICE ISSUED TO PETITIONER NO.1 BY RESPONDENT NO.3 UNDER SECTION 34 OF KERALA REVENUE RECOVERY ACT, 1968, DATED 02.05.2023

Exhibit P8 A TRUE COPY OF THE DEMAND NOTICE ISSUED TO PETITIONER NO.1 BY RESPONDENT NO.3 UNDER SECTION 7 OF KERALA REVENUE RECOVERY ACT, 1968, DATED 29.04.2023 WP(C) NO. 30286 OF 2023

Exhibit P9 A TRUE COPY OF THE DEMAND NOTICE ISSUED TO THE PETITIONERS BY RESPONDENT NO.3 UNDER SECTION 34 OF KERALA REVENUE RECOVERY ACT, 1968, DATED 29.04.2023

Exhibit P10 A TRUE COPY OF THE DEMAND NOTICE ISSUED TO PETITIONER NO.1 BY RESPONDENT NO.3 UNDER SECTION 7 OF KERALA REVENUE RECOVERY ACT, 1968, DATED 28.04.2023

Exhibit P11 A TRUE COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONERS BEFORE RESPONDENT NO.2, DATED 01.09.2023

Exhibit P12 A TRUE COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONERS BEFORE RESPONDENT NO.3, DATED 01.09.2023