IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 22ND NOVEMBER 2011 / 1ST AGRAHAYANA 1933 WP(C).No. 30050 of 2011(E) -------------------------- PETITIONER(S): ----------------------- SARANGADHARAN, AGED 55 YEARS S/O. U.VASUDEVAN VAIDYAR, DEVA INDUSTRIES MANGALAM, LAKKIDI, PALAKKAD, RESIDING AT SAGAR, KANNIAMPURAM, OTTAPALAM, PALAKKAD DIST. BY ADV. SRI. P. V. GEORGE(PUTHIYEDAM) RESPONDENT(S): ------------------------ 1. DISTRICT COLLECTOR, PALAKKAD, COLLECTORATE, PALAKKAD 678 001. 2. VILLAGE OFFICER, LAKKIDI , PEROOR VILLAGE, LAKKIDI, OTTAPALAM TALUK PALAKKAD DISTRICT 678 001. 3. STATE BANK OF TRAVANCORE PATHIRIPALA BRANCH, REP BY BRANCH MANAGER KALPATHARU BUILDING, NAGARIPURAM PO PALAKKAD 678 001. 4. AUTHORIZED OFFICER, STATE BANK OF TRAVANCORE, REGIONAL OFFICE, 24, HOTEL GREEN PARK BUILDING, MANJAKULAM ROAD PALAKKAD 678 014. R1 & R2 BY GOVT. PLEADER. SRI. S. JAMAL R3 BY ADVS. SRI. T. SETHUMADHAVAN SRI. PUSHPARAJAN KODOTH SRI. K. JAYESH MOHANKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PN WP(C).No. 30050 of 2011(E) APPENDIX PETITIONER(S) EXHIBITS EXT. P1 PHOTOCOPY OF THE NOTICE DT. 20.4.2011 ISSUED UNDER SECTION 13 (2) OF OTHE SECURITIZATION AND RECONSOTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT. EXT. P2 PHOTOCOPY OF THE NOTICE DT. 24.6.2011 ISSUED BY GENERAL MANAGER, DISTRIC INDUSTRIES CENTRE. EXT. P3 PHOTOCOPY OF THE DEMAND NOTICE DT. 27.9.2011 ISSUED UNDER SECTION 7 OF THE REVENUE RECOVERY ACT. EXT. P4 PHOTOCOPY OF THE NOTICE DT. 27.9.2011 ISSUED UNDER SECTION 34 OF THE REVENUE RECOVERY ACT SERVED ON THE PETITIONER ON 4.10.2011. EXT. P5 PHOTOCOPY OF THE STAY ORDER DT. 10.10.2011 ISSUED BY REVENUE MINISTER. EXT. P6 PHOTOCOPY OF THE POSSESSION NOTICE DT. 14.10.2011. EXT. P7 PHOTOCOPY OF THE ORDER DT. 1.11.2011 PASSED IN IA. 2383/2011 OF THE DEBT RECOVERY TRIBUNAL , ERNAKULAM. EXT. P8 PHOTOCOPY OF THE PAY IN SLIP DT. 8.11.2011. RESPONDENTS' EXHIBITS /TRUE COPY/ P. A. TO JUDGE PN S.SIRI JAGAN, J. ================== W.P.(C).No. 30050 of 2011 ================== Dated this the 22nd day of November, 2011 J U D G M E N T The petitioner is a defaulter in repayment of loan amounts due to the 3rd respondent bank. Originally, the 3rd respondent initiated revenue recovery proceedings. The petitioner approached the Government and, by Ext.P5 order, the Government granted a stay of recovery on payment of 10% of the amount demanded. Subsequently, respondents 3 and 4 initiated proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, for recovery of the said amount. The petitioner filed an application under Section 17 of the Act before the Debts Recovery Tribunal, in which, the Debts Recovery Tribunal granted a stay of further proceedings under the Act on condition that the petitioner shall deposit ` 50,000/- on or before 10.11.2011. The petitioner deposited that amount on 8.11.2011. But, in the meanwhile, respondents 1 and 2 are demanding payment of 10% as per the direction of the Government, failing which, the petitioner was threatened with further proceedings under the Revenue Recovery Act. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: “i) To issue a writ of certiorari or any other appropriate writ, order or direction, calling for the records leading to Exhibits P3 and P4 w.p.c.30050/11 - : 2 :- and quash the same; ii) To declare that the amount paid as per Exhibit P8 is the payment made in compliance of Exhibit P5.” 2. I have heard the learned Government Pleader also. 3. I am of opinion that in view of the orders of the Debts Recovery Tribunal, further proceedings shall be in accordance with the orders of the Debts Recovery Tribunal. Accordingly, this writ petition is disposed of with a direction to the respondents to see that further proceedings for recovery shall be in accordance with the orders of the Debts Recovery Tribunal in the matter. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge