IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 3RD FEBRUARY 2009 / 14TH MAGHA 1930 WA.No. 1695 of 2007 --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.15498/2007 Dated 12/06/2007 .................... APPELLANTS/ RESPONDENTS 2 TO 5: ----------------------------------------- 1. THE TAHSILDAR, VAIKOM. 2. THE DISTRICT COLLECTOR, KOTTAYAM. 3. THE COMMISSIONER OF LAND REVENUE, OFFICE OF THE COMMISSIONER OF LAND REVENUE, THIRUVANANTHAPURAM. 4. STATE OF KERALA REP.BY CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER MS.K.MEERA RESPONDENTS/ PETITIONER & 1ST RESPONDENT: ------------------------------------------ 1. CATHOLIC SYRIAN BANK LIMITED, VAIKOM BRANCH, VAIKOM REP.BY ITS BRANCH MANAGER. 2. E.K.LUKE, S/O.KURIAKOSE, PAZHAYA MADATHIL, NADUVILA VILLAGE, KIZHAKKENCHERRY, KOTTAYAM DISRICT. ADV. MR.R.BINDU (SASTHAMANGALAM) FOR R1 MR.P.J.MATHEW FOR R2 MR.K.B.ARUNKUMAR FOR R2 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 03/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY, Ag.CJ & V.GIRI, J. =========================== W.A.No.1695 of 2007 =============================== Dated this the 3rd day of February, 2009. J U D G M E N T Koshy, Ag.CJ. When revenue recovery proceedings were taken against the 1st respondent for recovery of alleged abkari dues by proceeding against his property, the bank approached this Court contending that they have first charge over the property. Learned Single Judge found that the bank has first charge as there was a mortgage to the property. Challenging the above, this writ appeal was filed by the Government. It is submitted by the counsel for the bank that dues to the bank was completely settled. Therefore, no further orders are necessary in this regard. It is for the Government to take action in accordance with law for recovery of dues if any by the Government. The writ appeal is disposed of as above. J.B.KOSHY, ACTING CHIEF JUSTICE. V.GIRI, JUDGE. bkn/-