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High Court of KeralaWP(C)/3714/2010disposed of

Remambika v. The District Collector, Kozhikode.

2015-06-17Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 17TH DAY OF JUNE 2015/27TH JYAISHTA, 1937 WP(C).No. 3714 of 2010 (L) ----------------------------------------- PETITIONER(S) :

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1. REMAMBIKA, W/O.ARUNKUMAR, B.F.6/318, KSHB COLONY, CHEVARMABALAM, KOZHIKODE.

2. ARUNKUMAR, S/O. KRISHNANUNNY NAIR, B.F 6/318, KSHB COLONY, CHEVARMABALAM, KOZHIKODE.

BY ADVS.SRI.R.SUDHISH SMT.M.MANJU SRI.K.R.RANJITH RESPONDENT(S) :

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1. THE DISTRICT COLLECTOR, CIVIL STATION, MALAPARAMBA, KOZHIKODE.

2. THE SPL. DEPUTY TAHSILDAR, BANK LOAN ARREARS COLLECTION, REVENUE RECOVERY, KOZHIKODE-4.

3. THE VILLAGE OFFICER, CHEVAYOOR VILLAGE, KOZHIKODE.

4. THE SOUTH MALABAR GRAMIN BANK, MALAPPURAM BRANCH, KOZHIKODE, REP. BY ITS BRANCH MANAGER.

R1 TO R3 BY GOVERNMENT PLEADER SMT.M.T.SHEEBA R4 BY ADV. SRI.T.R.RAVI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 3714 of 2010 (L) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS :

------------------------------------------ EXHIBIT P1: TRUE COPY OF THE DEMAND NOTICE DATED 29.09.2009 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P2: TRUE COPIES OF THE DISCHARGE SUMMARY ISSUED BY THE DIABETES HOSPITAL & RESEARCH CENTER, PAVAMANI ROAD, CALICUT TO THE 2ND PETITIONER.

RESPONDENT(S)' EXHIBITS :

------------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE.

Msd.

A.MUHAMED MUSTAQUE, J.

************************************************************ W.P.(C) No.3714 of 2010 ************************************************************ Dated this the 17th day of June, 2015

JUDGMENT

The first petitioner availed a loan of Rs.25,000/- from the fourth respondent under GLS Scheme. The second petitioner is the guarantor of the above loan.

2.

Consequent upon failure to repay the amount, the Revenue Recovery proceedings are initiated. The petitioners apprehending attachment of movables, filed this writ petition. 2.

In this matter, a counter affidavit has been filed by the second respondent. It is stated that they have issued a demand notice and thereafter, the petitioner remitted Rs.5,000/- as per the interim order of this Court.

If the petitioners dispute the liability, they are free to approach the Civil Court or the District Collector disputing the same. Therefore, with liberty as above, the writ petition is dismissed. Sd/- A.MUHAMED MUSTAQUE, JUDGE ln