IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 2ND SEPTEMBER 2011 / 11TH BHADRA 1933 WP(C).No. 9186 of 2007(R) --------------------------------- PETITIONER(S): ------------------------- INDIAN OVERSEAS BANK, KOCHI BRANCH, REPRESENTED BY ITS MANAGER, V.SUDHEESH PAI, INDIAN OVERSEAS BANK, KOCHI. BY ADV. SRI.P.B.SURESH KUMAR RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, ERNAKULAM. 3. THE SPECIAL TAHSILDAR(REVENUE RECOVERY), KOCHI. 4. M/S. TOLASARIA & CO., REPRESENTED BY ITS PARTNER, MR. ARUN KUMAR TOLASARIA, 7/616, JEW TOWN, KOCHI-2. 5. M/S. TOLASARIA & BROTHERS, REPRESENTED BY ITS PARTNER, MR. ANIL TOLASARIA, TOLASARIA SADAN, DIAMOND HARBOUR ROAD, NEW ALIPORE, CALCUTTA-700 053. R.1TO R3 BY GOVERNMENT PLEADER SRI.V.K.SHAMSUDHEEN R4 & 5 BY ADV. SRI.P.SATHISAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 9186 of 2007(R) APPENDIX PETITIONER'S EXHIBITS:- EXT.P1: TRUE COPY OF THE LETTER OF CONFIRMATION OF MORTGAGE EXECUTED BY THE FOURTH RESPONDENT IN FAVOUR OF THE PETITIONER DATED 10/7/1999. EXT.P1(a): TRUE COPY OF THE SALE DEED NO.2204/1976 OF KOCHI SRO, DATED 27/8/1976. EXT.P2: TRUE COPY OF THE LETTER OF CONFIRMATION OF MORTGAGE EXECUTED BY THE FIFTH RESPONDENT IN FAVOUR OF THE PETITIONER DATED 10/7/1999. EXT.P2(a): TRUE COPY OF THE SALE DEED NO.3205/1986 OF KOCHI SRO, DATED 08/10/1986. EXT.P3: TRUE COPY OF THE ORDER PASSED BY THE HONOURABLE DEBTS RECOVERY TRIBUNAL, ERNAKULAM IN O.A.338/2002 DATED 30.8.2006. EXT.P4: TRUE COPY OF THE NOTIC E PUBLISHED BY THE THIRD RESPONDENT IN MATHRUBHOOMI DAILY DATED 22.2.2007. EXT.P5: TRUE COPY OF THE REPRESENTATION SENT BY THE PETITIONER TO THE THIRD RESPONDENT DATED 12.3.2007. EXT.P6: TRUE COPY OF THE INTERIM ORDER PASSED BY THE HONOURABLE SUPREME COURT IN S.L.P.NO.9308/2006, DATED 12.5.2006. EXT.P7: TRUE COPY OF THE INTERIM ORDER PASSED BY THE HONOURABLE SUPREME COURT IN S.L.P.NO.7440/2003, DATED 3.1.2005. RESPONDENT'S EXHIBITS:-NIL //TRUE COPY// P.A TO JUDGE P.R.RAMACHANDRA MENON, J. --------------------------------------------- W.P.(C). NO.9186 OF 2007 ---------------------------------------------- Dated this the 2nd day of September, 2011. JUDGMENT This writ petition is filed by the petitioner Bank is stated as aggrieved of the steps initiated by the State under the Kerala Revenue Recovery Act for sale of two items of properties mortgaged to the petitioner, for recovery of the Sales Tax arrears of the 4 th respondent. The property in fact belongs to the respondent 4 and 5, which were offered as security in respect of the loan extended by the Bank. However, the State intervened in the meanwhile, holding that the State is having 'priority right' to proceed against the properties concerned. The crux of the issue involved is in respect of the relative rights in between, whether it is for the State to have 'priority' by virtue of Section 26B of Kerala General Sales Tax Act or in favour of the Bank, by virtue of the mortgage right over the property. W.P.(C). NO.9186 OF 2007 2 2. During the course of hearing, the learned counsel for the petitioner Bank fairly conceded that the issue is no longer res integra, in view of the law declared by the Apex Court in Central Bank of India v. State of Kerala (2009 (4) SCC Page 94) holding that the priority right of the State stands in front. In the said circumstances, nothing further remains to be considered in this writ petition and same is dismissed accordingly. With regard to the submission made by the petitioner bank to furnish particulars of the actual dues payable to the State from the defaulters, the learned Government Pleader submits that the figures have been given correctly in paragraph '2' of the counter affidavit filed by the third respondent. It is stated that liability will include further interest and other charges payable in accordance with law. If any further particulars are W.P.(C). NO.9186 OF 2007 3 required by the petitioner, it is always open for them to get the same from the concerned authorities. P.R.RAMACHANDRA MENON, JUDGE. mns