IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 8TH FEBRUARY 2008 / 19TH MAGHA 1929 OP.No. 9149 of 2003(L) ---------------------- PETITIONER: ------------ L.PONNAMMA, P.G.SADANAM, VETTUVAZHI WARD, CHADAYAMANGALAM VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT. BY ADV. SRI.B.KRISHNA MANI SRI.V.PREMCHAND SRI.P.GOPAL RESPONDENTS: ------------- 1. THE MANAGER, STATE BANK OF INDIA, KOLLAM BRANCH. 2. THE DEPUTY TAHSILDAR, REVENUE RECOVERY, TALUK OFFICE, PATHANAPURAM, PUNALUR, KOLLAM DISTRICT. R1 BY ADV. SRI.P.G.PARAMESWARA PANICKER R2 BY GOVERNMENT PLEADER THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 08/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP NO.15950/2003 IN OP NO.9149/2003 DISMISSED: 8.2.2008 SD/-(C.N.RAMACHANDRAN NAIR, JUDGE.) APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF NOTICE DT.4.12.2001 RECEIVED BY PETITIONER. P2: TRUE COPY OF NOTICE DT.7.12.2001 RECEIVED BY PETITIONER. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... O.P. No.9149 of 2003 .................................................................... Dated this the 8th day of February, 2008. JUDGMENT The petitioner is challenging recovery proceedings for recovery of arrears of loan availed from Khadi Board. The petitioner has not made the creditor organisation a party. Counsel for the first respondent submitted that Bank has not advanced any amount directly to the petitioner and consequently, the Bank has not initiated any revenue recovery proceedings against the petitioner. In the circumstances, O.P. is disposed of directing the second respondent to recover the loan through recovery proceedings for the beneficiary at whose instance revenue recovery is initiated unless petitioner clears the arrears due to the creditor organisation under any scheme for settlement. Whatever payment made will be adjusted and only balance will be recovered, that too, in accordance with the documents executed by the borrowers and guarantors. C.N.RAMACHANDRAN NAIR Judge pms