IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 1ST DECEMBER 2011 / 10TH AGRAHAYANA 1933 WP(C).No. 28611 of 2011(B) -------------------------------------- PETITIONER(S): -------------------- BEENA KURUVILLA, W/O.SHRI M.C.KURUVILLA, MADAPARAMBIL HOUSE, KESAVANPADY, THIRUVAANKULAM, ERNAKULAM DISTRICT. BY ADV. SRI.N.ANILKUMAR RESPONDENT(S): ------------------------ 1. THE DISTRICT COLLECTOR, ERNAKULAM, COLLECTORATE BUILDINGS, KAKKANAD, KOCHI-682030. 2. THE SPECIAL TAHSILDAR (R.R), REVENUE RECOVERY, KANAYANNUR TALUK, ERNAKULAM, KOCHI-682011. 3. THE VILLAGE OFFICE, THIRUVANKULAM VILLAGE, VILLAGE OFFICE, THIRUVANKULAM P.O., ERNAKULAM DISTRICT, PIN 682305. 4. THE MANAGER, CANARA BANK, KOTHAMANGALAM BRANCH, ERNAKULAM, KOTHAMANGALAM P.O., ERNAKULAM DISTRICT, PIN 686 691. R1 TO R3 BY GOVT.PLEADER SRI.S.JAMAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JM WP(C).No. 28611 of 2011(B) APPENDIX PETITIONER(S) EXHIBITS : EXHIBIT-P1. A TRUE COPY OF THE FIRST PAGE OF THE REGISTRATION BOOK OF THE VEHICLE BEARING REGISTRATION NO.KL-17-D-5577. EXHIBIT-P2 A TRUE COPY OF THE NOTICE DATED 14.1.2010 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXHIBIT-P3 A TRUE COPY OF THE LETTER DATED 19.1.2010 SENT BY THE PETITIONER TO THE SECOND RESPONDENT. EXHIBIT-P4. A TRUE COPY OF THE LETTER DATED 25.6.2010 SENT BY THE PETITIONER TO THE 4TH RESPONDENT BANK. EXHIBIT-P5. A TRUE COPY OF THE NOTICE DATED 27.7.2011 SENT BY THE 2ND RESPONDENT. EXHIBIT-P6. A TRUE COPY OF NOTICE DATED21.3.2011 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER. EXHIBIT-P7. A TRUE COPY OF THE NOTICE DATED 21.3.2011 ISSUED BY THE SECOND RESPONDENT UNDER SECTION 7 OF THE RR ACT TO THE PETITIONER. EXHIBIT-P8. A TRUE COPY OF THE LAWYER NOTICE DATED 8.8.2011 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER. RESPONDENTS' EXHIBITS :NIL \\TRUE COPY\\ PA TO JUDGE JM S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.28611 of 2011 ---------------------------------------------- Dated this the 1st day of December, 2011 JUDGMENT The petitioner obtained a vehicle loan from the 4th respondent. The petitioner defaulted repayment of the same. Revenue recovery proceedings have been initiated for recovery of the same by the 4th respondent through respondents 1 to 3. The petitioner is challenging the same. The petitioner has already surrendered the vehicle to the bank voluntarily, since the petitioner is not in a position to pay off the balance amounts due. The petitioner contends that insofar as the vehicle loan is not under any development scheme, the Revenue Recovery Act cannot be invoked by the 4th respondent. 2. The learned counsel for the bank admits that the loan has not been granted under any development scheme, in which case only a notification under Section 71 of the Revenue Recovery Act can be invoked. That being so, for recovery of this particular loan, revenue recovery proceedings cannot be invoked. W.P.(C)No.28611/11 2 Accordingly, without prejudice to the right of the 4th respondent to recover the balance amount due from the petitioner, after adjusting the sale value of the vehicle, by resort to any other remedy available to the bank, this writ petition is allowed quashing Exts.P6 and P7 revenue recovery notices. S. SIRI JAGAN, JUDGE acd W.P.(C)No.28611/11 3