IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 WP(C).No. 22318 of 2009(H) -------------------------- PETITIONERS: --------------- 1. S.T.VELANANDAN, PACHUTHARA HOUSE, 47/1624, VADUTHALA, ERNAKULAM DISTRICT. 2. MOLLY NANDANAN, PACHUTHARA HOUSE, 47/1624, VADUTHALA, ERNAKULAM DISTRICT. BY ADV. MR. V.P.REGHURAJ RESPONDENTS: --------------- 1. SYNDICATE BANK, VADUTHALA BRANCH, REPRESENTED BY ITS MANAGER. 2. THE DEPUTY TAHSILDAR (R.R.), KANAYANNUR TALUK, ERNAKULAM, KOCHI-11. BY STANDING COUNSEL MR. R.S. KALKURA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 22318 of 2009 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 26th day of August, 2009 JUDGMENT The petitioners are challenging the coercive steps stated as being pursued against them at the instance of the first respondent, invoking the relevant provisions under the Kerala Revenue Recovery Act, as borne by Exts.P1 and P2. The case of the petitioners is that, the loan availed by them was only a 'personal loan' and that, it does not come within the purview of SRO No. 797/79 dated 17.7.1979 or SRO 1465/87 dated 17.11.87 issued by the Government in exercise of the power under Section 71 of the Kerala Revenue Recovery Act. 2. The learned counsel for the first respondent Bank submits on instructions that, on verification of the records, it is seen that the loan availed by the petitioner does not come within the purview of the above notifications, so as to sustain the power and procedure under the Kerala Revenue Recovery Act and that the steps taken by the Bank were only on an inadvertent mistake and hence that the R R notices are not intended to be pursued in any manner. 3. In the above facts and circumstances, the submission made from the part of the Bank is recorded and it is made clear that, no steps shall be pursued against the petitioners pursuant to Exts.P1 and P2. The Writ Petition is allowed. No cost. P. R. RAMACHANDRA MENON, JUDGE kmd