IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.VINOD CHANDRAN TUESDAY, THE 20TH DECEMBER 2011 / 29TH AGRAHAYANA 1933 W.A.No.1776 of 2011 -------------------------------- AGAINST THE JUDGEMENT IN WP(C).No.37498/2007-L, DATED 28/09/2010 .................... APPELLANTS/PETITIONERS:- ----------------------------------------- 1) VARGHESE UKKEN, AGED 64 YEARS, S/O.LONAPPAN, “HEAVEN”, LENIN NAGAR, PUZHAKKEPADOM, NEAR KTC HYNDAI SHOWROOM, THRISSUR. 2) LOUIS UKKEN, AGED 31 YEARS, S/O.VARGHESE UKKEN, “HEAVEN”, LENIN NAGAR, PUZHAKKEPADOM, NEAR KTC HYNDAI SHOWROOM, THRISSUR. BY ADV. SMT.SUMATHY DANDAPANI (SENIOR ADVOCATE) SRI.MILLU DANDAPANI. RESPONDENTS/RESPONDENTS:- ------------------------------------------------ 1) STATE BANK OF INDIA, REPRESENTED BY ITS SENIOR MANAGER, THRISSUR MAIN BRANCH, DHARMODAYAM BUILDING, ROUND EAST, THRISSUR - 680 001. 2) THE ASSISTANT GENERAL MANAGER & AUTHORIZED OFFICER UNDER SECURITIZATION ACT, STATE BANK OF INDIA, THRISSUR MAIN BRANCH, DHARMODAYAM BUILDING, ROUND EAST, THRISSUR - 680 001. 3) SHRI.ABOOBACKER, AGED 48, S/O.K.V.HUSSAIN HAAJI, PANIKKAVEETILL HOUSE, BLANGAD P.O., CHAVAKKAD TALUK, THRISSUR DIST. 680 506. W.A.NO.1776 OF 2011. - 2 - 4) THE TAHSILDAR (REVENUE RECOVERY), THRISSUR, AYYANTHOLE, THRISSUR - 680 003. 5) THE ADDITIONAL COMMISSIONER OF INCOME TAX, DEPARTMENT OF INCOME TAX, PALAKKAD RANGE, PALAKKAD - 678 014. 6) THE SUB REGISTRAR, OFFICE OF THE SUB REGISTRAR, DEPARTMENT OF REGISTRATION, THRISSUR, THRISSUR DIST. 680 001. R1 & R2 BY ADV. SRI.K.K.CHANDRAN PILLAI (SENIOR ADVOCATE) SRI.A.S.SAJUSH PAUL. R3 BY ADV. SRI.T.M.CHANDRAN SRI.S.SUJITH SRIO.V.A.SASIDHARAN. R4 & R6 BY GOVERNMENT PLEADER SRI.GEORGE MECHERIL. R5 BY SENIOR COUNSEL FOR GOVERNMENT OF INDIA (TAXES) SRI.P.K.RAVINDRANATHA MENON. THIS WRIT APPEAL HAVING BEEN COME UP FOR ADMISSION ON 20/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- C.N.Ramachandran Nair & K.Vinod Chandran, JJ. ---------------------------------------- W.A.No.1776 of 2011 ----------------------------------------- Dated this, the 20th day of December, 2011 JUDGMENT C.N.Ramachandran Nair,J.: Heard Senior Counsel Smt.Sumathi Dandapani appearing for the appellants, Senior Counsel Sri.K.K.Chandran Pillai appearing for respondents 1 and 2 and Advocate Sri.T.M.Chandran appearing for 3rd respondent-auction purchaser of the property. 2. Challenge made before the learned Single Judge was against sale confirmation of appellants' property, which was sold in auction sale four years back. On payment of full consideration, sale deed was executed in favour of the auction purchaser. The learned Single Judge declined to interfere with the same and the appellants also do not press for such a relief. 3. The learned Senior Counsel for the appellants raised a contention that the recovery is more than the amount that was due to the Bank as per the recovery notice issued. However, the Standing Counsel for the Bank submitted that the Bank not only settled the liability due to it, but had to pay payment under garnishee orders issued by the Income Tax and Sales Tax authorities. W.A.No.1776 of 2011 - 2 - 4. We do not think there is any need for this Court to examine the appropriation of the sale proceeds by the Bank because the Bank has to appropriate the sale proceeds to loan account and for other purposes and if only there is excess amount, the same needs to be paid to the land owner. Consequently, we dispose of the Writ Appeal by modifying the judgment of the learned Single Judge as follows: (i) There will be a direction to respondents 1 and 2 to verify the loan account and the sales account of the property and prepare the loan account and furnish a copy of the loan account and also sales account and the appropriations made towards demands raised by the Income Tax authorities, Sales Tax authorities, etc. together with the copies of the communication received and details of the remittance made by the Bank to the appellants. If any excess is retained by the Bank, the same shall be paid to the appellants with interest. (ii) Respondents 1 and 2 will verify whether there is any other title deeds retained towards security for the loan availed by the appellants and if more title deeds than the title deed of the property sold to the 3rd respondent are retained by the Bank and if the Bank W.A.No.1776 of 2011 - 3 - has no other claim against the appellants, the title deeds be returned to the appellants within three weeks from the date of production of a copy of this judgment. If no other title deed is retained by the Bank, the same shall be communicated to the appellants. Sd/- C.N.Ramachandran Nair, Judge Sd/- K.Vinod Chandran, Judge. vku/- - true copy -