IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR TUESDAY, THE 28TH JULY 2009 / 6TH SRAVANA 1931 OP.No. 2434 of 2001(M) ---------------------- PETITIONER(S): --------------- FATHIMA SADIQUE, W/O.SADIQUE, AMINA MANZIL, P.O.ALAVIL, CHIRAKKAL. BY ADV. SRI.A.MOHAMED MUSTAQUE RESPONDENT(S): --------------- 1. NORTH MALABAR GRAMINA BANK, KANNUR MAIN BRANCH, KANNUR. 2. SPECIAL DEPUTY TAHSILDAR, ARREARS COLLECTION II, KANNUR. ADV. SRI.M.P.RAMACHANDRAN NAIR, SENIOR ADVOCATE FOR R1 SRI.DEVAN RAMACHANDRAN FOR R1 G.P. SRI.MATHEW VADAKKEL FOR R2 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 28/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP NO.4034/2001 IN O.P. NO.2434/2001 DISMISSED: 28.7.2009 SD/-(C.N.RAMACHANDRAN NAIR, JUDGE.) APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF DEMAND NOTICE ISSUED BY R2 UNDER R.R. ACT TO THE PETITIONER. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... O.P. No.2434 of 2001 .................................................................... Dated this the 28th day of July, 2009. JUDGMENT The petitioner is challenging revenue recovery proceedings for recovery of arrears of loan due to first respondent-Bank on the ground that Bank loan cannot be recovered under revenue recovery proceedings. However, it is seen that Notification SRO 1465/1987 issued under Section 71 of the Revenue Recovery Act authorises revenue recovery for recovery of amounts due to the Bank for any loan advanced under development schemes. Loan taken by the petitioner even according to statement of the petitioner is a small business loan which is a loan granted under development scheme by the Bank. Consequently revenue recovery will be proceeded, if petitioner does not settle liability. The O.P. is devoid of any merit and is dismissed. C.N.RAMACHANDRAN NAIR Judge pms