IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 WP(C).No. 2734 of 2008(A) ------------------------- PETITIONER: ------------ 1. PRASEETHA E.T., W/O.T.A.UDAYAKUMAR, THAROL PARAMBA, B.G.ROAD, WEST HILL, CALICUT-5. 2. RAJITHA K.P., W/O.LATE GOKULDAS, "GOKULAM", B.G. ROAD, WEST HILL, CALICUT-5. BY ADV. SRI.K.P.SUDHEER RESPONDENTS: ------------- 1. THE SPECIAL DEPUTY TAHSILDAR, BANK LOAN ARREARS COLLECTION, REVENUE RECOVERY, KOZHIKODE-4. 2. THE DISTRICT COLLECTOR, KOZHIKODE. 3. ING VYSYA BANK LIMITED, P.K. COMMERCIAL COMPLEX, 11/527, CHEROOTTY ROAD, P.B.NO.1134, PIN-673 032, REPRESENTED BY ITS MANAGER. 4. V.T. VINODKUMAR, S/O. VASUDEVAN VELAKATHRAMKANDY THATTARAKKAL, KARAPARAMBA POST, KOZHIKODE-673 010. BY GOVERNMENT PLEADER SRI.MATHEW GEORGE VADAKKEL R3 SRI.R.S.KALKURA R4 SRI.E.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 2734 of 2008 -------------------------- Dated this the 22nd February, 2008 J U D G M E N T The 1st petitioner availed a loan from the 3rd respondent Bank for purchase of a Stage Carriage Bus. Apparently, the vehicle was thereafter sold to the 4th respondent under Exhibit P1 agreement. It seems that there was default in the repayment of loan and there are rival versions as to whether default was committed by the petitioners or by the 4th respondent or by both of them. It is not necessary to resolve that dispute in the present case. Petitioners are aggrieved by the proceedings under the Revenue Recovery Act, as evidenced by Exhibits P3 and P6. It is inter alia contended by the petitioners that normally the provisions of the Revenue Recovery Act are not accessible to a Private Bank like the 3rd respondent and therefore notices under the Revenue Recovery Act are without jurisdiction. 2. I heard the learned counsel for the petitioners Mr.P.K.Suresh Kumar, the learned standing counsel for the 3rd W.P ( C) No. 2734 of 2008 2 respondent Mr.R.S.Kalkura and the learned Government Pleader as also the learned counsel for the 4th respondent Sri.Narayanan. Mr.R.S.Kalkura, learned standing counsel for the 3rd respondent submits that the vehicle loan is liable to be treated as one in the priority list going by the RBI Circular issued in that behalf. Learned counsel for the petitioners submits that even if it is so, they may not be comprehended by the notification under the Revenue Recovery Act, which is invoked by Private Commercial Bank for initiating proceedings under the Revenue Recovery Act. This is an area on which there is dispute and in my view, since what is challenged is the jurisdiction of the competent authority under the Revenue Recovery Act, it is only appropriate that the said dispute be resolved by an officer at the level of the District Collector, in the first instance. In the result, the writ petition is disposed of in the following terms: i) Petitioner may raise these objections producing therewith a copy of notification under the Revenue Recovery Act by way of representation before the District Collector, within W.P ( C) No. 2734 of 2008 3 three weeks from today. ii) Thereupon, the District Collector - 2nd respondent shall issue notice to respondents 3 and 4 to consider the question as to whether the loan availed by by the 1st petitioner is comprehended by the relevant notification under the Revenue Recovery Act. He shall pass reasoned orders on this aspect. This shall be done after hearing the petitioners and respondents 3 and 4, within two months from the date of receipt of a copy of the representation by the petitioner. Further enforcement of Exhibits P3 and P6 shall be kept in abeyance till the District Collector takes a decision and thereafter it shall be subject to the decision to be taken by the District Collector, in this regard. Petitioners shall produce a copy of this judgment along with a copy of the amended writ petition before the District Collector, for compliance. (V.GIRI, JUDGE) ma W.P ( C) No. 2734 of 2008 4 K.THANKAPPAN,J CRL.A. NO.92 OF 1999 ORDER W.P ( C) No. 2734 of 2008 5 25th May, 2007