IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 20TH SEPTEMBER 2006 / 29TH BHADRA 1928 OP.No. 4080 of 1999(I) ----------------------------- PETITIONER: ------------------ THE BANK OF INDIA, TRICHUR BRANCH M.G.ROAD, TRICHUR, REP.BY ITS MANAGER. BY ADV. SRI.MPR.NAIR SRI.DEVAN RAMACHANDRAN RESPONDENTS: ---------------------- 1. THE STATE OF KERALA, REP.BY ITS CHIEF SECRETARY, SECRETARIAT , TRIVANDRUM. 2. THE TAHSILDAR, REVENUE RECOVERY, TRICHUR. 3. M/S.VIJAYASREE FLOUR MILLS, PALLIKULAM ROAD, TRICHUR-1. 4. MRS.G.SELVARANI, PANDIT HOUSE, PALLIKULAM ROAD, TRICHUR 1. 5. MR.P.S.GANESH, PANDIT HOUSE, PALLIKULAM ROAD, TRICHUR 1. 6. MR.P.SUNDARAMURTHY, PANDIT HOUSE, PALLIKULAM ROAD, TRICHUR 1. BY GOVERNMENT PLEADER SRI.GEORGEKUTTY MATHEW SRI.P.GOPAKUMARAN NAIR SRI.C.S.DIAS THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 20/09/2006, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP. NO.6980/1999 IN OP. NO.4080/1999 DISMISSED 20.9.2006 SD/- C.N.RAMACHANDRAN NAIR, JUDGE APPENDIX PETITIONER'S EXHIBITS EXT.P1:- COPY OF THE DEMAND NOTICE. EXT.P1(a):- ENGLISH TRANSLATION OF EXT.P1. EXT.P2:- PETITIONER'S LETTER NO.TCHADV : 98-99: 337 DT.20.1.1999. /TRUE COPY/ tss C.N.RAMACHANDRAN NAIR,J. -------------------------------------------- O.P.NO. 4080 OF 1999 -------------------------------------------- Dated this the 20th day of September, 2006 JUDGMENT Since it has been held by this Court in the decision in STATE OF KERALA V. RAJMOHAN CASHEW (P) LTD., (2005) 2 K.L.T. 131, and in the decision in SOUTH INDIAN BANK LTD. V. STATE OF KERALA (2006) 1 K.L.T. 65 that State has priority over mortgage debt in recovery of arrears and recovery can be made by attachment and sale of mortgaged property, O.P. is dismissed but with a direction to the recovery authority to pay to the Bank excess amount, if any, available after adjusting the arrears of tax due to the State. (C.N.RAMACHANDRAN NAIR) Judge 2