IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 17TH DECEMBER 2008 / 26TH AGRAHAYANA 1930 WP(C).No. 35408 of 2008(M) -------------------------------------- PETITIONER(S): ------------------------ 1. K.D.DEVA RAJ, SURESH NIVAS, ELLUVILA POST, NEYYATTINKARA. 2. STELLA BHAI, SURESH NIVAS,ELLUVILA POST, NEYYATINKARA. BY ADV. SMT.VIJAYAKUMARI RESPONDENT(S): ------------------------- 1. CENTRAL BANK OF INDIA REPRESENTED BY THE REGIONAL MANAGER, REGIONAL OFFICE, GOPAL BUILDING, THYVILA ROAD, THIRUVANANTHAPURAM 2. AUTHORISED OFFICER, CENTRAL BANK OF INDIA,REGIONAL OFFICE, GOPAL BUILDING, THYVILA ROAD, THIRUVANANTHAPURAM. 3. THE BRANCH MANAGER, CENTRAL BANK OF INDIA, PALIYODE BRANCH, THIRUVANANTHAPURAM 4. VILLAGE OOFFICER, KUNNATHUKAL VILLAGE, THIRUVANANTHAPURAM. 5. ADDITIONAL R5 IMPLEADED - THE TAHSILDAR REVENUE RECOVERY, NEYYATTINKARA IS IMPLEADED AS ADDITIONAL 5TH RESPONDENT AS PER ORDER DATED 5/12/2008 IN W.P.(C) ADV. SRI.DEVAN RAMACHANDRAN FOR R1 SRI.SUMESH KUMAR N.C. FOR R1 SRI.K.M.ANEESH FOR R1 SRI.A.SARATH FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 35408 of 2008(M) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - TRUE COPY OF R.R. NOTICE. EXT.P2 - TRUE COPY OF DEMAND NOTICE. EXT.P3 - TRUE COPY OF THE RECEIPT ISSUED BY THE 3RD RESPONDENT DATED 29.3.2008. EXT.P4 - TRUE COPY OF RECEIPT ISSUED BY THE 4TH RESPONDENT DATED 29.3.2008. EXT.P5 - TRUE COPY OF CERTIFICATE OBTAINED FROM THE 4TH RESPONDENT DATED 13.5.2008. EXT.P6 - TRUE COPY OF THE LETTER SEND BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT DATED 30.05.2008. EXT.P7 - TRUE COPY OF THE JUDGMENT DATED 18.8.2008. EXT.P8 - TRUE COPY OF THE BANK STATEMENT DATED 3.11.2008. EXT.P9 - TRUE COPY OF REPRESENTATION DATED 6.11.2008. // TRUE COPY // PA TO JUDGE rhs Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.35408 of 2008-M ================================== Dated this the 17th day of December, 2008. JUDGMENT The petitioners availed a loan from the first respondent. Revenue recovery proceedings Exts.P1 and P2 were issued. Following that, according to the petitioners, the entire amounts were paid under one time settlement scheme and the Village Officer received that amount and issued Ext.P5 certificate. In view of this plea, the Revenue authorities were impleaded and the learned Government Pleader was to obtain instructions from the Revenue authorities regarding the proceedings. Today, as pointed out by the learned Government Pleader, it is quite apparent even on the face of Ext.P5 that the word “Ottathavanatheerpakkal” in Malayalam (.....) is evidently an interpolation, but for which all that Ext.P5 would show is that the amounts stated therein were paid. The learned Government Pleader WPC35408/08 -:2:- also states that the revenue recovery proceedings have not been completed and certificate would be issued on completion. With the aforesaid scenario it is further pointed out that the Village Officer, who issued Ext.P5, has been placed under suspension. I do not find any jurisdictional error or legal infirmity in the proceedings in favour of the petitioner in this case, more so because the petitioner has efficacious remedy either under Revenue Recovery Act or under the KCS Act to have the transaction closed. The writ petition fails. It is accordingly dismissed without prejudice to what is stated above. Thottathil B.Radhakrishnan, Judge. sl.