IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 28TH MARCH 2011 / 7TH CHAITHRA 1933 WA.No. 803 of 2008() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.27068/2006 Dated 11/01/2008 .................... APPELLANT(S): PETITIONERS: -------------------------- 1. M/S. LEKSHMI ENTERPRISES, 2ND MILE STONE, KILIKOLLOOR P.O. KOLLAM, REPRESENTED BY ITS MANAGING PARTNER, MR.K.RADHAKRISHNA PILLAI. 2. K. RADHAKRISHNA PILLAI, MANAGING PARTNER,M/S. LEKSHMI ENTERPRISES, 2ND MILE STONE, KILIKOLLOOR P.O. KOLLAM. 3. MRS. K.VASANTHA KUMARI, PARTNER,M/S. LEKSHMI ENTERPRISES, 2ND MILE STONE, KILIKOLLOOR P.O. KOLLAM. BY ADV. SRI.SREELAL N.WARRIER RESPONDENT(S): RESPONDENTS: --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM DISTRICT. 2. THE DEPUTY TAHSILDAR (RR), KOLLAM TALUK, KOLLAM DISTRICT. 3. THE ING VYSYA BANK, KOLLAM BRANCH, KOLLAM, REPRESENTED BY ITS BRANCH MANAGER. ADV. SRI.K.K.JOHN FOR R3 SRI.BENNY CHERIAN FOR R3 SRI.T.R.NILESH FOR R3 BY GOVT. PLEADER SRI. BENNY GEVASIS THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 28/03/2011 THE COURT ON 28/03/2011 DELIVERED THE FOLLOWING: J. CHELAMESWAR, C.J & ANTONY DOMINIC,J. ------------------------------------------------------------------- W.A. No. 803 OF 2008 --------------------------------------------------------------- Dated this the 28th day of March, 2011 J U D G M E N T Antony Dominic,J Revenue Recovery proceedings initiated by the third respondent Bank against the appellants for recovering the loan availed by the Ist appellant from the Bank was called in question before this court. By judgment dated 11.1.2008 rendered in WP (c).No.27068/06, the learned single Judge upheld the competence of the Bank to initiate revenue recovery proceedings. It is challenging the said judgment, the appeal has been filed. 2. When the appeal came up for orders, based on the instructions obtained from the District Collector, Kollam, the learned Government Pleader reiterated that by communication dated 18.10.2008, the Bank itself has recalled the revenue recovery requisition. It is submitted that based on the said communication, the revenue recovery proceedings initiated against the appellants have been withdrawn. 3. In view of this statement made by the learned Government Pleader, it is unnecessary to go into the merits of the WA.No. 803/08 :2 : contentions raised in the appeal. Therefore, we record the submission made by the learned Government Pleader and on that basis, the Writ Appeal is closed. 4. We clarify that in case the Bank initiates revenue recovery proceedings against the appellants, it will be open to them to challenge such proceedings and for that purpose, the contentions raised by them in this appeal are all left open. Writ Appeal is disposed of as above. ( J. CHELAMESWAR) CHIEF JUSTICE (ANTONY DOMINIC) JUDGE vi/