IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 24TH MAY 2010 / 3RD JYAISHTA 1932 WP(C).No. 15779 of 2010(V) -------------------------- PETITIONER(S): --------------- SUNNY KIZHAKKARAKKATT, KIZHAKKARAKKATT HOUSE, KOOMBARA BAZAR P.O., KOODARANI-VIA, KOZHIKODE DISTRICT, PIN-673 604. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA RESPONDENT(S): --------------- 1. KOZHIKODE PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LIMITED NO.4362, PUTHIYARA P.O., KOZHIKODE, REP.BY ITS MANAGER. 2. THE SENIOR INSPECTOR/SPECIAL SALES OFFICER, KOZHIKODE PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LIMITED NO. 4362, PUTHIYARA P.O., KOZHIKODE. BY SR.GP K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.SURENDRA MOHAN, J ........................................... WP(C).NO.15779 OF 2010 ............................................ DATED THIS THE 24TH DAY OF MAY, 2010 JUDGMENT The petitioner has filed this writ petition challenging Ext.P1 notice of revenue recovery proceedings initiated against him. The petitioner claims to be an Agriculturist by profession. He had availed of four loans from the first respondent totalling an amount of Rs.6,25,000/-. He has repaid an amount of Rs.2,88,291/-. According to the petitioner, the loan were agricultural loans. In spite of earnest efforts made by the petitioner to repay the loan amounts, he could not do so on account of failure in crops and other natural calamities. It is submitted that there was no wilful delay or default on the part of the petitioner. However, without taking note of any of the above circumstances, the petitioner has been issued with Ext.P1 initiating proceedings under the Revenue Recovery Act for recovery of the amounts due from him. The petitioner contends that Ext.P1 is absolutely without any justification and is liable to be set aside. Immediately on receipt of Ext.P1, the petitioner has submitted Ext.P2 Wpc 15779/2010 2 representation before both respondents. However, no orders have been passed thereon, till date. 2. I notice that the second respondent is sufficiently empowered to consider the grievances of the petitioner and to grant necessary reliefs. Since the grievances of the petitioner are engaging the attention of the second respondent, I do not propose to consider the merits of the contentions raised by the petitioner. 3. This writ petition is accordingly disposed of directing the second respondent to consider the grievances of the petitioner set out in Ext.P2 representation pending before the second respondent in accordance with law and to pass appropriate orders thereon, as expeditiously as possible and at any rate, within a period of six weeks from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner also. Until final orders are passed on Ext.P2, all further proceedings based on or pursuant to Ext.P1 to recover the amounts demanded therein shall be kept in abeyance. The petitioner is directed to produce a copy of this writ Wpc 15779/2010 3 petition as well as a copy of this judgment before the second respondent for prompt compliance. K.SURENDRA MOHAN, JUDGE lgk