Kochappan v. The State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY, THE 6TH DAY OF FEBRUARY 2015/17TH MAGHA, 1936 WP(C).NO. 33602 OF 2014 (A) ---------------------------- PETITIONER(S):

--------------- KOCHAPPAN, AGED 68 YEARS S/O.KUNJUVAREED, KAPANI HOUSE, PONNUKARA P.O. THRISSUR DISTRICT.

BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENT(S)/RESPONDENTS:

----------------------------

1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM - 695 001.

2. THE STATE BANK OF TRAVANCORE, A D B BRANCH, REPRESENTED BY ITS MANAGER P.O.PATTIKKAD, THRISSUR - 680 001.

3. THE TALUK TAHSILDAR(RR), THRISSUR TALUK, THRISSUR DISTRICT - 680 001.

4. THE VILLAGE OFFICER, PUNNORKARA VILLAGE OFFICE, THRISSUR - 680 001. BY ADV. SRI.T.SETHUMADHAVAN (SR.) BY ADV. SRI.PUSHPARAJAN KODOTH BY ADV. SRI.K.JAYESH MOHANKUMAR BY GOVERNMENT PLEADER SRI.SUDHEESH KUMAR S.

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).NO. 33602 OF 2014 (A) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------ EXHIBIT P1. A TRUE COPY OF THE PLAINT IN OS NO.1505 OF 09 DATED 24.06.09 ON THE FILE OF THE MUNSIFF COURT, THRISSUR. EXHIBIT P2. A TRUE COPY OF THE BANK STATEMENT OF THE SECOND RESPONDENT DATED 11.02.2009.

EXHIBIT P3. A TRUE COPY OF THE APPEAL MEMORANDUM AS AS NO.44 OF 2011, ON THE FILE OF THE DISTRICT COURT, THRISSUR DATED 21.01.2011. EXHIBIT P4. A TRUE COPY OF THE RECOVERY NOTICE ISSUED AT THE INSTANCE OF THE RESPONDENTS 3 AND 4 DATED 26.10.2013.

EXHIBIT P5. A TRUE COPY OF THE INTERIM, ORDER PASSED BY THE DISTRICT COURT, THRISSUR IN IA NO.259 OF 2011 IN AS NO.44 OF 2011 DATED 29.11.2013.

RESPONDENT(S)' EXHIBITS:NIL ------------------------- //TRUE COPY// P.A TO JUDGE

A.K.JAYASANKARAN NAMBIAR, J.

------------------------------- W.P.(C).NO.33602 OF 2014 ----------------------------------- Dated this the 6th day of February, 2015

J U D G M E N T

The petitioner had approached this Court challenging the revenue recovery proceedings initiated against him at the instance of the 2nd respondent bank. When the case was called up today, it is submitted by Sri.K.Jayesh Mohankumar, the learned Standing counsel for the 2nd respondent bank that they do not intend to pursue the revenue recovery proceedings against the petitioner. The said submission is recorded, Ext.P4 is quashed and the writ petition is allowed accordingly.

A.K.JAYASANKARAN NAMBIAR JUDGE mns