IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 7TH JUNE 2011 / 17TH JYAISHTA 1933 WP(C).No. 7639 of 2011(D) ------------------------- PETITIONER(S): ---------------------- C.K.ABDUL RASHEED, S/O.KAMAL KUTTY HAJI, AGED 35 YEARS, CHODA VALAPPIL, ASHRAF MANZIL, SREEKANDAPURAM.P.O. SREEKANDAPURAM AMSOM DESOM, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADVS. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENT(S): ------------------------- 1. STATE BANK OF TRAVANCORE, SREEKANDAPURAM BRANCH, REPRESENTED BY ITS MANAGER, SREEKANDAPURAM.P.O., SREEKANDAPURAM AMSOM DESOM, TALIPARAMBA TALUK, KANNUR DISTRICT.670631. 2. SPECIAL DEPUTY TAHSILDAR, REVENUE RECOVERY, TALUK OFFICE, TALIPARAMBA, KANNUR DISTRICT. 670 141. 3. SUB INSPECTOR OF POLICE, SREEKANDAPURAM POLICE STATION, SREEKANDAPURAM.P.O., KANNUR DISTRICT.670 631. 4. MAHINDRA & MAHINDRA FINANCIAL SERVICE LTD., SHARAT MANZIL, PAYYANNUR, KANNUR DISTRICT, REPRESENTED BY ITS BRANCH MANAGER. 670 307. R1 BY ADV. SRI.T.SETHUMADHAVAN, SC SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: krj WP(C).No. 7639 of 2011(D) APPENDIX PETITIONER'S EXHIBITS:- P1: COPY OF THE NOTICE DATED 22.1.2001 ISSUED TO THE PETITIONER BY RESPONDENT NO.2. P2: COPY OF THE DEMAND NOTICE DATED 22-1-2011 ISSUED TO THE PETITIONER BY RESPONDENT NO.2. P3: COPY OF THE MAHAZAR AND PLAN PREPARED BY THE VILLAGE OFFICER, SREEKANDAPURAM. P4: COPY OF THE REQUEST MADE BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 19-2-2011. P5: COPY OF THE REQUEST MADE BY THE PETITIONER BEFORE THE 1ST RESPONDENT 28-2-2011. P6: COPY OF THE REGISTRATION CERTIFICATE OF THE KL-59-6675 CAR BELONGING TO THE PETITIONER. RESPONDENT'S EXHIBITS:- NIL //TRUE COPY// P.A.TO JUDGE C.K.ABDUL REHIM, J. ------------------------------- W.P.(C).No.7639 of 2011 ------------------------------- Dated this the 7th day of June, 2011. J U D G M E N T In this writ petition, the petitioner is challenging the revenue recovery steps initiated for realisation of amounts due to the 1st respondent Bank with respect to various loans availed by the petitioner. It is contended that the requisition for revenue recovery steps, for realisation of a sum of Rs.64,77,356/-, was made without considering various payments effected by the petitioner. The petitioner is also challenging the attachment and seizure made with respect to a motor car owned by the petitioner and is seeking a direction for release of the car on the ground that the movables are liable to be attached only if the amount could not be recovered while proceeding against the immovable property, which is already attached. 2. Eventhough various contentions are raised, I do not find any legally tenable ground to hold that the 2 W.P.(C).No.7639 of 2011 petitioner is not liable for payment of the amounts sought to be recovered. The contentions raised against the attachment of the motor car is also not sustainable, since the petitioner could not point out any legally valid ground to challenge such steps taken. 3. However, when the writ petition came up for consideration, by way of gesture and indulgence, further proceedings of recovery was directed to be kept in abeyance, subject to condition of the petitioner remitting a sum of Rs.15 lakhs, within one month from 23.3.2011. On such payment if effected, a direction was also issued to release the motor car to the petitioner for having custody on the basis of a Bond to be executed. 4. It is stated that, eventhough the said order was issued as early as on 23.3.2011, the petitioner has not complied with the conditions stipulated, till date. 5. In the above mentioned circumstances, I am not inclined to entertain this writ petition any further, to exercise the discretionary jurisdiction vested on this Court. 3 W.P.(C).No.7639 of 2011 None of the contentions raised in this writ petition are legally tenable. 6. Hence, the writ petition deserves no merit and the same is accordingly dismissed. C.K.ABDUL REHIM, Judge ami/