IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 25TH JUNE 2010 / 4TH ASHADHA 1932 WP(C).No. 10681 of 2010(I) ------------------------------------- PETITIONER(S): ------------------------ C.S.SOMAN, PRASANNA BHAVAN, KONGANMDOOR P.O., AYARKUNNAM, KOTTAYAM DISTRICT. BY ADV. SRI.M.V.THAMBAN SRI.R.REJI SRI.V.K.SATHYANATHAN SRI.B.BIPIN RESPONDENT(S): ------------------------- 1. THE BRANCH MANAGER, CANARA BANK, TEMPLE ROAD, KOTTAYAM, PIN-686 001. 2. THE DISTRICT COLLECTOR, KOTTAYAM DISTRICT. 3. THE DEPUTY TAHSILDAR, REVENUE RECOVERY, KOTTAYAM. 4. THE PRINCIPAL GENERAL MANAGER, TELECOM DISTRICT, KOTTAYAM, PIN-686 001. R1 BY ADV. SRI.PAULY MATHEW MURICKEN,SC,CANARA BANK R2 & R3 BY GOVT. PLEADER SRI.MATHEW GEORGE VADAKKEL R4 BY ADV. SRI.MATHEW K.PHILIP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J -------------------------------------------- WP(C) NO. 10681 OF 2010 -------------------------------------------- Dated this the 25th day of June, 2010 JUDGMENT The petitioner is challenging the course pursued by the respondents in seeking to realise a sum of Rs.1,54,477/- with interest and cost as given in Exts.P4 and P5 notices issued under the Kerala Revenue Recovery Act in respect of a 'personal loan' extended to one Madhavan, for whom the petitioner had stood as a surety. 2. The case of the petitioner is that, the principal debtor is no more and his wife also took her last breath; pursuant to which, the retirement benefits payable to the deceased who was an employee of the 4th respondent are about to be disbursed to the legal heirs. Instead of taking any steps by the 1st respondent to proceed against such amounts payable to the legal heirs, coercive proceedings have been caused to be made against the petitioner under the Kerala Revenue Recovery Act which is stated as not correct or sustainable. There is also another contention that the loan extended by the 1st respondent was only a 'personal loan' and that the same does not come within the purview of any 'development scheme', so as to have invoked the machinery under the Kerala Revenue Recovery Act for realisation of the due amount. 3. The respondents have filed a statement through the learned 2 WP(C) No. 10681/2010 counsel, stating that the 'personal loan' also amounts to some sort of development and hence there is nothing wrong in invoking the power and procedure as prescribed under the Kerala Revenue Recovery Act. It is stated that the liability of the petitioner is co-extensive with that of the borrower and further that, if there is any objection, the same could be raised before the 2nd respondent or the 3rd respondent particularly with regard to the correctness and sustainability of the proceedings taken under the Kerala Revenue Recovery Act and that the matter would be pursued only thereafter. 4. Heard the learned Government Pleader appearing for the respondents 2 and 3 as well. 5. In the above circumstances, the petitioner is permitted to file necessary proceedings/objection before the 2nd respondent as to the correctness and sustainability of the steps taken under the Kerala Revenue Recovery Act. Such objections shall be filed within one week from the date receipt of a copy of this judgment, on which event, the same shall be examined by the 2nd respondent with notice to the petitioner as well as the 1st respondent as to whether the provisions of the Act could be invoked, taking note of the particular 'nature of the loan' extended by the 1st respondent and to proceed with further steps. Final orders as above shall be passed in the petition to be preferred by the petitioner as above, without 3 WP(C) No. 10681/2010 delay, at any rate, within one month from the date of receipt of the representation as above. Subject to this, the recovery proceedings now stated as being pursued against the petitioner pursuant to Exts.P4 and P5 shall be kept in abeyance. The Writ Petition is disposed of accordingly. P.R.RAMACHANDRA MENON JUDGE dnc