IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR.S.SIRI JAGAN SATURDAY, THE 19TH NOVEMBER 2011 / 28TH KARTHIKA 1933 WP(C).No. 26275 of 2011(H) ------------------------------------- PETITIONER(S): ----------------------- ITTAN ITTOOP, S/O. ITTOOP, POOVAMOLEL HOUSE, KOLENCHERY P.O. BY ADV. SRI.BABY KURIAKOSE SRI.M.V.ASHIM SRI.P.VIJAYAKUMAR SRI.B.HARRYLAL RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF REVENUE SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE COLLECTOR, ERNAKULAM DISTRICT, KAKKANAD-682 030. 3. THE DEPUTY TAHSILDAR, REVENUE RECOVERY, TALUK OFFICE, KUNNATHUNAD, PERUMBAVOOR-683 542. 4. STATE BANK OF TRAVANCORE, REPRESENTED BY MANAGER, MAIN BRANCH, KOLENCHERY-682 311. R1 TO R3 BY GOVT. PLEADER SMT P.A. RAZIYA R4 BY ADV.SATHISH NINAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SKV WP(C).No. 26275 of 2011(H) ------------------------------------------ APPENDIX PETIONERS EXHIBITS: P1: COPY OF PLAINT IN O.S. NO.40/2011 BEFORE SUB COURT PERUMBAVOOR FILED BY THE 4TH RESPONDENT AGAINST THE PETITIONER P2: COPY OF THE WRITTEN STATEMENT FILED BY THE 4TH RESPONDENT IN O.S.NO.40/2011 P3(A): COPY OF THE DEMAN NOTICE DATED 14.03.2011 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER P3(B): COPY OF THE DEMAND NOTICE DATED 30.04.2011 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER RESPONDENTS EXHIBITS: NIL /TRUE COPY/ PA TO JUDGE SKV S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.26275 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of November, 2011 J U D G M E N T The petitioner has filed this writ petition challenging revenue recovery proceedings initiated by respondents 2 & 3 for recovery of loan amounts due from the petitioner to the 4th respondent. While admitting the writ petition, I passed the following interim order on 3.10.2011: “Admit. The learned Government Pleader takes notice on behalf of respondents 1 to 3. The learned standing counsel takes notice on behalf of the 4th respondent and seeks time to get instructions. Post after a month. In the meanwhile, further proceedings pursuant to Exts.P3 (a) and P3 (b) shall be kept in abeyance for a period of one month on condition that the petitioner pays ` 50,000/- within one month.” On 4.11.2011, I passed the following order: The learned counsel for the Bank submits that the direction in order dated 3.10.2011 to pay an amount of Rs.50,000/- has not been complied with. The learned counsel for the petitioner seeks time. Post next week. I make it clear that if the amount has not been paid, the stay would stand vacated.” Today the counsel for the petitioner is absent. The counsel for the 4th respondent reiterates that the petitioner has not W.P.(C)No.26275 of 2011 -2- paid the amount as directed by this Court. In the above circumstances, I am not inclined to exercise my discretionary jurisdiction in favour of the petitioner. Accordingly the writ petition is dismissed. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/