IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 WP(C).No. 9810 of 2006(P) -------------------------------------------- PETITIONER: ------------------ ANWAR P., S/O. E.V.ABDUL MAJEED, AGED 41 YEARS, ERACHAM VEETTIL HOUSE, ELAVALLY SOUTH DESOM, ELAVALLY VILLAGE, CHAVAKKAD TALUK, THRISSUR DISTRICT. BY ADV. SRI.JIJO PAUL RESPONDENTS: ----------------------- 1. THE TAHSILDAR, CHAVAKKAD, THRISSUR DISTRICT. 2. THE CATHOLIC SYRIAN BANK, CHITTATTUKARA BRANCH, THRISSUR DISTRICT, REP. BY ITS BRANCH MANAGER. R1 BY GOVERNMENT PLEADER SHRI C.K. GOVINDAN R2 BY ADV. SHRI B.S. KRISHNAN, SC. ADV. SRI.C.A.JOY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C). NO. 9810 OF 2006 P PETITIONER'S EXHIBITS: EXT.P1TRUE COPY OF THE NOTICE FROM THE FIRST RESPONDENT AS NO. R4-2274/06 DATED NIL UNDER SECTION 34 OF THE REVENUE RECOVERY ACT. EXT.P2TRUE COPY OF THE NOTICE NO.R4-2274/06 DATED 4.2.2006 ISSUED BY THE FIRST RESPONDENT FOR ATTACHMENT OF IMMOVABLE PROPERTY. RESPONDENTS' EXHIBITS: NIL. // TRUE COPY// PS TO JUDGE K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 9810 OF 2006 P --------------------------------------- Dated this the 29th September, 2008 JUDGMENT Petitioner challenges Exts.P1 and P2. Petitioner availed a loan. According to petitioner, it was availed about twentyone years back. Recovery is barred and yet, Exts.P1 and P2 are issued, it is stated, under the Revenue Recovery Act. A Counter Affidavit has been filed on behalf of the second respondent Bank, inter alia, stating that there is suppression of material facts. It is stated that the petitioner availed machinery loan in 1997 and subsequently a Decree was passed in OS No.1181/92 by the Sub Court, Thrissur in the year 1996 and it is in such circumstances, recovery proceedings have been initiated. It is not in dispute that the petitioner has been unable to comply with the interim order also. Having regard to the materials brought on record, there is no merit in the Writ Petition and it is dismissed. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge