IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 OP.No. 23569 of 1999(E) ----------------------- PETITIONER: ------------ N.V.KURIAN, S/O.KURIAN, NJAVARAKKAT HOUSE, KADAVOOR VILLAGE, KOTHAMANGALAM TALUK. BY ADV. SRI.M.V.JOSEPH RESPONDENTS: ------------- 1. THE DISTRICT COLLECTOR, ERNAKULAM. 2. THE DEPUTY TAHSILDAR (REVENUE RECOVERY), KOTHAMANGALAM, ERNAKULAM DISTRICT. 3. THE MANAGER, STATE BANK OF INIDA, POTHANICADU BRANCH, ERNAKULAM DISTRICT. BY ADV. SRI.P.V.SURENDRANATH FOR R3 GOVERNMENT PLEADER FOR R1,R2 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 19/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP NO.23569/1999 ORDER ON CMP NO.39341/1999 IN OP NO.23569/1999 DISMISSED. 19/09/2008 SD/- (C.N.RAMACHANDRAN NAIR, JUDGE) APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF PLAINT O.S.NO.17/98 OF SUB COURT, MUVATTUPUZHA. P2 : COPY OF DEMAND NOTICE INITIATING REVENUE RECOVEYR PROCEEDINGS ISSUED BY 2ND RESPONDENT DATED 22/07/1999. //TRUE COPY// PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR, J. ------------------------- O.P. No. 23569 of 1999 --------------------------------- Dated, this the 19th day of September, 2008 J U D G M E N T Challenge is against recovery proceedings for recovery of arrears due to 3rd respondent Bank. Since revenue recovery is permissible for recovering arrears of loan due to the Bank by virtue of notification issued under Section 71 of the RR Act, the original petition is devoid of any merit and is dismissed. However, it will be open to the petitioner to approach the Bank and settle liability. If petitioner approaches the Bank and offers payment within a reasonable time, the Bank will grant incentives for settlement. (C.N.RAMACHANDRAN NAIR, JUDGE) jg