IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 7TH APRIL 2011 / 17TH CHAITHRA 1933 SA.No. 805 of 2000(D) --------------------------- AS.63/1994 of PRL.SUB COURT,KOTTAYAM OS.280/1993 of MUNSIF COURT, KANJIRAPPALLY .................... APPELLANT(S):RESPONDENT/PLAINTIFF ----------------------------------------------- K.N.THAMPI, S/O. NARAYANAN, RESIDING AT KARIKITTAMATTOM, PANACHIYIL, MUKKADA, KARIKKATTOOR, MANIMALA. BY ADV. SRI.M.NARENDRA KUMAR RESPONDENT(S):APPELLANT/RESPONDENT/DEFENDANT ------------------------------------------------------------------ 1. THE KERALA STATE DEVELOPMENT CORPORATION FOR SCHEDULED CASTE AND SCHEDULED TRIBES, LTD., THRISSUR. 2. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KOTTAYAM. 3. DEPUTY TAHSILDAR (RR), KANJIRAPPALLY TALUK, KANJIRAPPALLY. 4. VILLAGE OFFICER, MANIMALA VILLAGE, MANIMALA. R1 BY ADV. SRI.JOBI JOSE KONDODY R2 TO 4 BY GOVERNMENT PLEADER SRI.JAYAKRISHNAN P.R. THIS SECOND APPEAL HAVING BEEN FINALLY HEARD ON 07/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs P.BHAVADASAN, J. ---------------------------- S.A.No. 805 of 2000 --------------------------------- Dated this the 7th day of April, 2011 JUDGMENT The short question that arises for consideration is if a time barred debt can be recovered by resorting to revenue recovery proceedings. 2. The trial court held it cannot be done while the appellate court felt otherwise. Relying on the law then existing the appellate court had granted a decree for recovery of the amount due by resorting Revenue Recovery Act. 3. The issue is no longer res integra in view of the decision reported in 1999(2) KLT 146(SC) State of Kerala v. Y. R. Kalliyanikutty wherein it was held as follows: “The Kerala Revenue Recovery Act does not create any new right. It merely provides a process for speedy recovery of moneys due. Since this Act does not create any new right, the person claiming recovery cannot claim recovery of amounts which are not legally recoverable nor can a defence of limitation available to a debtor in a suit or other legal proceeding be taken away under the provisions of the Kerala Revenue Recovery Act. The provisions in the present case are statutory provisions for coercive recovery of amount due. Therefore, all claims which S.A.No. 805 of 2000 2 are legally recoverable and are not time-barred on that date can be recovered under the Kerala Revenue Recovery Act. Under Section 71 of the Kerala Revenue Recovery Act claims which are time-barred on the date when a requisition is issued under Section 69(2) of the said Act are not amounts due under Section 71 and cannot be recovered under the said Act” In view of the above decision, it follows that time barred debts cannot be recovered by resorting to R.R. Proceedings. In the result this appeal is allowed. The appellate decree is set aside and that of the trial court is restored. There will be no order as to costs. P.BHAVADASAN, JUDGE. ln