IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 WP(C).No. 14147 of 2009(K) -------------------------- PETITIONER(S): --------------- BALACHANDRAN PILLAI.M., AGED 55 YEARS, S/O.MADHAVAN PILLAI, MELEVADAKKEDATHU VEEDU, VETTILATHAZHAM, DECENT JUNCTION P.O., KOLLAM. BY ADV. SRI.PRATHEESH.P RESPONDENT(S): --------------- 1. SENIOR MANAGER, CANARA BANK, THATTAMALA BRANCH, KOLLAM. 2. THE DISTRICT COLLECTOR, KOLLAM. 3. THE DEPUTY THAHSILDAR (RR), KOLLAM. 4. VILLAGE OFFICER, THRIKOVILVATTOM VILLAGE, KOLLAM. ADV. SRI.P.GOPINATH MENON, SC, CANARA BANK. SENIOR GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/10/2009,ALONG WITH WPC NO. 14155 OF 2009 AND 14587 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).14147/09 APPENDIX PETITIONER'S EXHIBITS:- EXT.P1:- COPY OF PLAINT IN O.S.89/09 OF SUB COURT, KOLLAM. EXT.P2:- COPY OF THE DEMAND NOTICE ISSUED BY DY.TAHSILDAR (RR), KOLLAM DT.3.2.09 RESPONDENT'S EXHIBITS:- NIL okb //True Copy// P.A. to Judge C.K.ABDUL REHIM, J. ------------------------------ W.P(C).Nos.14147, 14155 And 14587 Of 2009 ------------------------------ Dated this the 6th day of October, 2009 J U D G M E N T ---------------------- 1. Challenge in all these writ petitions are against the revenue recovery proceedings initiated for realisation of arrears in the loan accounts, which are availed from the 1st respondent Bank. The main ground on which the revenue recovery proceedings are challenged is that simultaneous proceedings under the Revenue Recovery Act is not sustainable during pendency of the civil suit filed by the Bank for recovery of the very same amounts. This court had occasion to consider the question in a batch of writ petitions and vide judgment dt:3.6.2009 in WP(C) No:37258/09 and connected cases, it is held that the Bank is entitled to proceedings against the defaulters invoking the machinery under the Kerala Revenue Recovery Act when the matter is pending before a civil court. The said decision is based on a reported decision of this court in Syndicate Bank Vs. S.S. Sheriff & Others (2007 (1) KHC 690) and a reported decision of the Hon'ble apex court in Transcore Vs. Union of India and Another (2008 (1) SCC 125). W.P.(C).14147/09, 14155/09 & 14587/09 2 2. In view of the settled legal position as above the writ petitions are not sustainable and are dismissed accordingly. C.K.ABDUL REHIM, JUDGE. okb