IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 11TH JULY 2011 / 20TH ASHADHA 1933 WP(C).No. 18230 of 2011(C) -------------------------------------- PETITIONER: ------------------- U.S.VINURAJ, S/O.SHREEDHARAN, RESIDING AT UTHAMANPARAMBIL, CHERTHALA SOUTH, ARTHUNKAL, ALAPPUZHA DISTRICT. BY ADVS. SRI.H.SUNIL, SRI.H.HAMZA ROWTHER, SRI.V.K.PEERMOHAMED KHAN. RESPONDENTS: ------------------------ 1. THE KERALA STATE FINANCIAL ENTERPRISES LTD., REPRESENTED BY ITS MANAGING DIRECTOR, 'BHADRADA', MEUSEUM ROAD, THRISSUR. 2. THE BRANCH MANAGER, KERALA STATE FINANCIAL ENTERPRISES LTD., CHERTHALA BRANCH, CHERTHALA, ALAPPUZHA DISTRICT. 3. SPECIAL DEPUTY THAHSILDAR (R.R.), KERALA STATE FINANCIAL ENTERPRISES LTD., ALAPPUZHA. R1 TO R3 BY SRI.ASOK M.CHERIYAN, S.C, K.S.F.E. LTD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.18230/2011-C: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE NOTICES ISSUED BY THE R.3. TO THE PETITIONER. EXT.P.2: COPY OF THE PLAINT SUBMITTED BY THE PETITIONER AS OS.NO.249/2011 ON THE FILES OF THE MUNSIFF'S COURT, CHERTHALA. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. S.SIRI JAGAN, J. ================== W.P.(C).No. 18230 of 2011 ================== Dated this the 11th day of July, 2011 J U D G M E N T The petitioner is aggrieved by proceedings initiated by the 1st respondent- Kerala State Financial Enterprises Ltd. (KSFE), for recovery of the defaulted loan amount due from the petitioner to the 1st respondent. The petitioner disputes the correctness of the amount demanded by the KSFE. According to him, the amount demanded is far in excess of the actual amount due. The petitioner, therefore, seeks the following reliefs: “1. To issue a writ of certiorari or other writ, or order calling for the records leading to Exhibit P1 notices and quash the same. 2. To issue a writ of mandamus or other writ, order or direction directing the respondents not to proceed with the recovery steps against the petitioner or his properties, until the dues to the respondents are adjudicated pursuant to Exhibit P2, within a period fixed by this Honorable Court.” 2. The petitioner has already filed a suit, O.S. 249/2011 before the Munsiff's Court, Cherthala, for settlement of accounts in respect of the same subject matter against the KSFE. I am of opinion that the petitioner can very well move an interim application for injunction against enforcing the demand. The counsel for the petitioner expresses an apprehension that in view of the provisions of the Kerala Revenue Recovery Act ousting jurisdiction of the civil courts, the civil court may not entertain the same. I am of opinion that although the w.p.c.18230/11 2 petitioner cannot challenge revenue recovery proceedings as such, the petitioner can very well move the civil court for injunction against the KSFE against enforcing the liability on the ground that correctness of the amount is disputed. In the above circumstances, without prejudice to the right of the petitioner to move the civil court for injunction, this writ petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge