High Court of KeralaSingle JudgeWrit petitions allowed; Revenue Recovery procee...

In the High Court of Kerala at Ernakulam - WP(C) Nos. 8228/2015 and connected cases

Case / Petition Number:WP(C) No. 8228 of 2015 and connected cases

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Gopinath P.
Judgment Date
2024-01-24
Court Decision / Holding
The court held that RR proceedings were barred by limitation due to the three-year period applicable to unsecured debts and that third-party payments by SNDP Union cannot be treated as debtor acknowledgments under Section 18. Consequently, the writ petitions were allowed and the RR proceedings against the petitioners were quashed.
Final Disposition
Writ petitions allowed; Revenue Recovery proceedings quashed.

Parties to the Case

Appellants / Petitioners

  • LEELAMMA
  • SANTHAMMA
  • MINI
  • THANGAMMA
  • GIRIJAMMA
  • REJANI SANTHOSH
  • SHIJU T.R.
  • SAJIMON E.K.
  • SUGATHAN P.N.
  • JINU P.V.
  • BINDHU SABU
  • PUSHPA MOHANAN
  • RETHNAMMA VIJAYAN
  • LEELAMMA GOPI
  • BIJI
  • SARASWATHY
  • SINDHU RAJESH
  • SUKUMARY RAVEENDHRAN
  • RAJAMMA
  • VK JENARDHANAN
  • SUMATHI SUKUMARAN
  • SIJI SAJEEVAN
  • SUSHAMMA SASI
  • USHA
  • BINDHU SALIKUMAR
  • SUNI SHAJI
  • SOBHANA SANTHOSH
  • SUMA
  • CHANDRIKA
  • CHANDRIKA SASI
  • SANTHAMMA SOMAN
  • NIRMALA NARAYANAN
  • SUNITHA SHIBU
  • SUMA BIJU
  • MEENAKSHI KUMARAN
  • SINDHU RAJESH

Respondents

  • DEPUTY TAHSILDAR (REVENUE RECOVERY), DEVIKULAM, IDUKKI DISTRICT – 686 553
  • STATE BANK OF INDIA, ADIMALY BRANCH, ADIMALY, IDUKKI DISTRICT – 686561, REPRESENTED BY ITS MANAGER
  • SNDP UNION, ADIMALY P.O, ADIMALY, IDUKKI DISTRICT – 686561, REPRESENTED BY ITS SECRETARY
  • K.T. SUKUMARAN, KIZHAKKEVEETTIL, MUTHIRAPUZHA, KONNATHADI P.O., ADIMALY, IDUKKI DISTRICT – 686561.
  • V.K. JENARDHANAN, VARAKIL HOUSE, SELLIYAMPARA P.O, ADIMALY, IDUKKI DISTRICT – 686563.
  • VILLAGE OFFICER, VELLATHOOVAL VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT – 686 553.

Legal Representation & Advocates

Counsels for Petitioners

  • • JOMY GEORGE
  • • KUM.M ANJU THOMAS
  • • DEEPAK MOHAN
  • • A.MINI JOSEPH
  • • P.REJINARK
  • • SEBASTIAN THOMAS
  • • KOSHY GEORGE
  • • C.G.ARUNDHATHI
  • • JIJI S
  • • BINOY DAVIS
  • • ABRAHAM K.JOHN
  • • R.S.KALKURA
  • • S.JIJI
  • • SUNIL? (not listed)

Counsels for Respondents

  • • BINOY DAVIS, GP
  • • ABRAHAM K.JOHN
  • • R.S.KALKURA
  • • JIJI S
  • • KOSHY GEORGE
  • • C.G.ARUNDHATHI

Case Synopsis & Summary

These writ petitions challenge Revenue Recovery proceedings initiated by the State Bank of India against members of Self Help Groups who had availed loans, alleging that the recovery actions are time-barred by the Limitation Act and/or misapplied by the RR Act. The petitions relate to multiple individuals across several WP(C) Nos (8228/2015 and connected cases), most of whom are borrowers under SNDP Union sponsorship or related entities. The impugned rr actions were initiated for defaults around 2006-2007; the petitioners contend that since the loans were unsecured, the period of limitation is three years (not twelve under Article 62) and that continuing RR actions beyond three years is barred. They also argue that part-payments by a third party (SNDP Union) cannot amount to an acknowledgment under Section 18 of the Limitation Act, as the Union is not a party to the loan agreement. The State Bank of India counters that part-payments can operate as an acknowledgment, extending limitation, citing decisions to that effect. The Court, recognizing that liability was beyond three years and distinguishing the third-party payment argument, concludes that the RR proceedings are barred by limitation and that third-party payments cannot revive the period. Ultimately, the court allows the writ petitions and quashes the RR proceedings against the petitioners.

Provisions of Law Cited

Kerala Revenue Recovery Act, 1968 (RR Act)Section 7 RR ActSection 34 RR ActLimitation Act, 1963Section 18 of the Limitation ActArticle 62 of the Schedule to the Limitation Act

Legal Doctrines & Maxims

  • Part payment by a third party cannot amount to an acknowledgment for purposes of Section 18 of the Limitation Act
  • Acknowledgment of debt must be by the debtor; third-party payments do not extend limitation
  • For unsecured loans, the period of limitation is three years; Article 62 (12-year period) is not applicable in these RR scenarios

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that the Revenue Recovery actions are time-barred under the Limitation Act since the loans were not secured by mortgage and the debt dates back to 2006-2007; for unsecured debts, the limitation is three years, not twelve under Article 62. They maintain that part-payments by a third party — the SNDP Union — cannot be treated as an acknowledgment under Section 18 of the Limitation Act, as the Union was not a party to the loan agreement, and thus cannot revive the period of limitation; they rely on the principle that limitation cannot be extended by third-party acts and emphasize that the RR proceedings were commenced well beyond three years. They also invoke the decision in State of Kerala v. V.R. Kalliyanikutty to support the three-year limitation framework, while distinguishing factual aspects where necessary.

Contentions of Respondents

The respondents argue that in some cases the SNDP Union guaranteed repayment and made part-payments after the default, which, under Section 18 of the Limitation Act, can amount to an acknowledgment and extend the period. They challenge the petitioners’ interpretation by pointing to case-law on acknowledgments and argue that the SNDP Union’s involvement and any part-payments must be read as part of the debtor’s acknowledgment to toll the limitation period. They urge that the typical limitation frame may be enhanced by valid acknowledgments, ensuring the RR actions are not barred.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
State of Kerala v. V.R. Kalliyanikutty1999 (2) KLT 146 (SC)PositiveThe Supreme Court decision is cited to support the proposition that limitation applies to RR proceedings and can constrain actions beyond the three-year period for unsecured debts; the Kerala High Court relies on the principle that the period of limitation is three years rather than twelve years for such debts.

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Extracted Judgment Text

Exact text extracted from official judgment records.

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ## **`THE HONOURABLE MR. JUSTICE GOPINATH P. WEDNESDAY, THE 24[TH] DAY OF JANUARY 2024 / 4TH MAGHA, 1945 WP(C) NO. 8228 OF 2015`** ## **`PETITIONERS:`** ``` 1LEELAMMA, AGED 53 YEARS, W/O. KUMARAN, KALLANICKAL HOUSE, VELLATHOOVAL PO, VELLATHOOVAL, IDUKKI DISTRICT. 2SANTHAMMA, W/O. GOVINDHAN, AGED 54 YEARS, MUTHUKUTTU HOUSE, VELLATHOOVAL PO, VELLATHOOVAL, IDUKKI DISTRICT. BY ADVS. SRI.JOMY GEORGE SMT.K.J.ANITHA SRI.P.REJINARK SRI.SEBASTIAN THOMAS ``` ## **`RESPONDENTS:`** - `1 DEPUTY TAHASILDAR (REVENUE RECOVERY), DEVIKULAM , IDUKKI DISTRICT – 686 553.` - `2 STATE BANK OF INDIA, ADIMALY BRANCH, KANNATTU BUILDING, KALLARKUTTY ROAD, ADIMALY, IDUKKI DISTRICT 686561, REPRESENTED BY ITS MANAGER.` - `3 SNDP UNION, ADIMALY PO, ADIMALY, IDUKKI DISTRICT-686 561, REPRESENTED BY ITS SECRETARY.` - `4 K.T. SUKUMARAN, KIZHAKKEVEETTIL,MUTHIRAPUZHA, KONNATHADI PO, ADIMALY, IDUKKI DISTRICT – 686561.` - `5 V.K. JENARDHANAN, VARAKIL HOUSE, SELLIYAMPARA PO, ADIMALY PO, IDUKKI DISTRICT 686 563.` WP(C) NO. 8228 OF 2015 AND CONNECTED CASES **==> picture [7 x 8] intentionally omitted <==** ``` 6VILLAGE OFFICER, VELLATHOOVAL VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT – 686 553. BY ADVS. SRI.KOSHY GEORGE, SC, SMT.C.G.ARUNDHATHI SRI.BINOY DAVIS, GP SRI.ABRAHAM K.JOHN SRI.R.S.KALKURA SRI.JIJI S THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.01.2024, ALONG WITH WP(C).1868/2016, 8234/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` WP(C) NO. 8228 OF 2015 AND CONNECTED CASES 3 # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR. JUSTICE GOPINATH P. WEDNESDAY, THE 24[TH] DAY OF JANUARY 2024 / 4TH MAGHA, 1945 ``` ## **`WP(C) NO. 1868 OF 2016`** ## **`PETITIONERS:`** ``` 1AJESH P.K, AGED 38 YEARS, S/O. KUNJIKRISHNAN, PLAKKUNNEL HOUSE, VALARA P.O., 14TH MILE, IDUKKI DISTRICT. 2RANJITH P R, S/O. RAJU, POOVATHUMMOOTTIL HOUSE, VALARA P.O., 14TH MILE, IDUKKI DISTRICT. BY ADVS. SRI.JOMY GEORGE KUM.M .ANJU THOMAS SRI.DEEPAK MOHAN SMT.A.MINI JOSEPH SMT.K.B.SONY ``` ## **`RESPONDENTS:`** - `1 DEPUTY TAHSILDAR (REVENUE RECOVERY), DEVIKULAM, IDUKKI DISTRICT - 686 553.` - `2 STATE BANK OF INDIA, ADIMALY BRANCH, KANNATTU BUILDING, KALLARKUTTY ROAD, ADIMALY, IDUKKI DISTRICT, REPRESENTED BY ITS MANAGER - 686 561.` - `3 SNDP UNION, ADIMALY P.O, ADIMALY, IDUKKI DISTRICT - 686 561, REPRESENTED BY ITS SECRETARY.` - `4 K.T. SUKUMARAN, KIZHAKKEVEETTIL, MUTHIRAPUZHA, KONNATHADI P.O., ADIMALY, IDUKKI DISTRICT - 686 561.` WP(C) NO. 8228 OF 2015 AND CONNECTED CASES 4 ``` 5V.K. JENARDHANAN, VARAKIL HOUSE, SELLIYAMPARA P.O., ADIMALY, IDUKKI DISTRICT - 686 563. 6VILLAGE OFFICER, MANNAMKANDAM VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT - 686 553. BY ADVS. SRI.BINOY DAVIS, GP SRI.ABRAHAM K.JOHN SRI.R.S.KALKURA SRI.JIJI S ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.01.2024, ALONG WITH WP(C).8228/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` WP(C) NO. 8228 OF 2015 AND CONNECTED CASES 5 # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** # **`THE HONOURABLE MR. JUSTICE GOPINATH P. WEDNESDAY, THE 24[TH] DAY OF JANUARY 2024 / 4TH MAGHA,`** ``` 1945 ``` # **`WP(C) NO. 8234 OF 2015`** ## **`PETITIONERS:`** - `1 MINI, AGED 42 YEARS, W/O.RAMACHANDRAN, MATTAPPATTU HOUSE, VELLATHOOVAL, IDUKKI DISTRICT.` ``` 2THANGAMMA, W/O.SUKUMARAN, NEDUMBELAKARA HOUSE, VELLATHOOVAL, IDUKKI DISTRICT. BY ADVS. SRI.JOMY GEORGE SMT.K.J.ANITHA SRI.P.REJINARK SRI.SEBASTIAN THOMAS ``` ## **`RESPONDENTS:`** - `1 DEPUTY TAHSILDAR(REVENUE RECOVERY), DEVIKULAM, IDUKKI DISTRICT – 686 553.` - `2 STATE BANK OF INDIA, ADIMALY BRANCH, KANNATTU BUILDING, KALLARKUTTY ROAD, ADIMALY, IDUKKI DISTRICT686 561,REPRESENTED BY ITS MANAGER.` - `3 SNDP UNION, ADIMALY P O, ADIMALY, IDUKKI DISTRICT-686 561, REPRESENTED BY ITS SECRETARY.` - `4 K.T.SUKUMARAN, KIZHAKKEVEETTIL, MUTHIRAPUZHA, KONNTHADI PO, ADIMALY, IDUKKI DISTRICT-686 561.` WP(C) NO. 8228 OF 2015 AND CONNECTED CASES 6 ``` 5V.K.JENARDHANAN, VARAKIL HOUSE, SELLIYAMPARA PO, ADIMALY, IDUKKI DISTRICT-686 563. 6VILLAGE OFFICER, VELLATHOOVAL VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT – 686 553. BY ADVS. SMT.C.G.ARUNDHATHI ``` ``` SRI.BINOY DAVIS, GP SRI.ABRAHAM K.JOHN SRI.R.S.KALKURA SRI.JIJI S ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.01.2024, ALONG WITH WP(C).8228/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` WP(C) NO. 8228 OF 2015 AND CONNECTED CASES 7 # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR. JUSTICE GOPINATH P. WEDNESDAY, THE 24[TH] DAY OF JANUARY 2024 / 4TH MAGHA, 1945 ``` ## **`WP(C) NO. 22049 OF 2015`** ## **`PETITIONER:`** ``` GIRIJAMMA, ``` ``` W/O. SATHEESH, ATTIYIL HOUSE, VELLATHOOVAL SELIAMPARA, IDUKKI DISTRICT. ``` ``` BY ADVS. ``` ``` SRI.JOMY GEORGE ``` ``` SRI.DEEPAK MOHAN SMT.A.MINI JOSEPH SRI.P.REJINARK SRI.SEBASTIAN THOMAS SMT.K.B.SONY ``` ## **`RESPONDENTS:`** - `1 DEPUTY TAHSILDAR (REVENUE RECOVERY), DEVIKULAM, IDUKKI DISTRICT - 686553.` - `2 STATE BANK OF INDIA, ADIMALY BRANCH, KANNATTU BUILDING, KALLARKUTTY ROAD, ADIMALY, IDUKKI DISTRICT, REPRESENTED BY ITS MANAGER 686561.` - `3 SNDP UNION, ADIMALY PO, ADIMALY, IDUKKI DISTRICT 686561, REPRESENTED BY ITS SECRETARY.` - `4 K.T.SUKUMARAN, KIZHAKKEVEETTIL, MUTHIRAPUZHA, KONNATHADI PO, ADIMALY, IDUKKI DISTRICT – 686561.` - `5 V.K JENARDHANAN, VARAKIL HOUSE, SELLIYAMPARA PO, ADIMALY, IDUKKI DISTRICT – 686 563.` WP(C) NO. 8228 OF 2015 AND CONNECTED CASES 8 ``` 6VILLAGE OFFICER, VELLATHOOVAL VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT – 686 553. BY ADVS. SRI.BINOY DAVIS, GP SRI.ABRAHAM K.JOHN SRI.R.S.KALKURA SRI.JIJI S ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.01.2024, ALONG WITH WP(C).8228/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` WP(C) NO. 8228 OF 2015 AND CONNECTED CASES 9 # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** # **`THE HONOURABLE MR. JUSTICE GOPINATH P. WEDNESDAY, THE 24[TH] DAY OF JANUARY 2024 / 4TH MAGHA, 1945 WP(C) NO. 22929 OF 2015`** ## **`PETITIONER:`** ``` REJANI SANTHOSH, AGED 33 YEARS, W/O.SANTHOSH, POOVATHINKAL HOUSE, RAJAKUMARY PO, NADAMATTAM, IDUKKI DISTRICT. BY ADVS. SRI.JOMY GEORGE SRI.DEEPAK MOHAN SMT.A.MINI JOSEPH SRI.P.REJINARK SRI.SEBASTIAN THOMAS SMT.K.B.SONY ``` ## **`RESPONDENTS:`** - `1 DEPUTY TAHSILDAR (REVENUE RECOVERY), NEDUMKANDAM, IDUKKI DISTRICT- 686 553.` ``` 2STATE BANK OF INDIA, ADIMALY BRANCH, KANNATTU BUILIDNG, KALLARKUTTY ROAD, ADIMALY, IDUKKI DISTRICT, REPRESENTED BY ITS MANAGER 686561 ``` - `3 SNDP UNION ADIMALY PO, ADIMALY, IDUKKI DISTRICT, 686561, REPRESENTED BY ITS SECRETARY` - `4 K.T. SUKUMARAN, KIZHAKKEVEETTIL, MUTHIRAPUZHA, KONNATHADI PO, ADIMALY, IDUKKI DISTRICT, 686561.` WP(C) NO. 8228 OF 2015 AND CONNECTED CASES 10 ``` 5V.K.JENARDHANAN VARAKIL HOUSE, SELLIYAMPARA PO, ADIMALY, IDUKKI DISTRICT 686563 6VILLAGE OFFICER, RAJAKUMARI VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT – 686 554. BY ADVS. SRI.R.S.KALKURA SRI.ABRAHAM K.JOHN SRI.S.JIJI SRI.BINOY DAVIS, GP ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.01.2024, ALONG WITH WP(C).8228/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` WP(C) NO. 8228 OF 2015 AND CONNECTED CASES 11 # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR. JUSTICE GOPINATH P. WEDNESDAY, THE 24[TH] DAY OF JANUARY 2024 / 4TH MAGHA, 1945 ``` ## **`WP(C) NO. 24608 OF 2015`** ## **`PETITIONERS:`** - `1 SHIJU T.R., S/O.RAJAPPAN, THAZHATHEDATHU HOUSE, JOSEGIRI.P.O., KOCHUPPU, IDUKKI DISTRICT.` ``` 2SAJIMON E.K., S/O.KUNJUMON, EDAMATTATHIL HOUSE, JOSEGIRI.P.O., KOCHUPPU, IDUKKI DISTRICT. BY ADVS. JOMY GEORGE DEEPAK MOHAN A.MINI JOSEPH P.REJINARK SEBASTIAN THOMAS K.B.SONY ``` ## **`RESPONDENTS:`** - `1 DEPUTY TAHSILDAR (REVENUE RECOVERY), NEDUMKANDAM, IDUKKI DISTRICT-686 553.` - `2 STATE BANK OF INDIA, ADIMALY BRANCH, KANNATTU BUILDING, KALLARKUTTY ROAD, ADIMALY, IDUKKI DISTRICT, REPRESENTED BY ITS MANAGER-686561.` - `3 SNDP UNION, ADIMALY P.O., ADIMALY, IDUKKI DISTRICT686561, REPRESENTED BY ITS SECRETARY.` - `4 K.T.SUKUMARAN, KIZHAKKEVEETTIL, MUTHIRAPUZHA, KONNATHADI.P.O., ADIMALY, IDUKKI DISTRICT686561.` WP(C) NO. 8228 OF 2015 AND CONNECTED CASES 12 ``` 5V.K.JENARDHANAN, VARAKIL HOUSE, SELLIYAMPARA.P.O., ADIMALY, IDUKKI DISTRICT-686 563. 6VILLAGE OFFICER, RAJAKKAD VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT-686553. BY ADVS. SRI.BINOY DAVIS, GP SRI.ABRAHAM K.JOHN SRI.R.S.KALKURA SRI.JIJI S ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.01.2024, ALONG WITH WP(C).8228/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` WP(C) NO. 8228 OF 2015 AND CONNECTED CASES 13 # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR. JUSTICE GOPINATH P. WEDNESDAY, THE 24[TH] DAY OF JANUARY 2024 / 4TH MAGHA, 1945 ``` ## **`WP(C) NO. 24629 OF 2015`** ## **`PETITIONERS:`** ``` 1SUGATHAN.P.N., AGED 36 YEARS S/O.NANU, PUTHANPURACKAL HOUSE, JOSEGIRI P.O., KOCHUPPU, IDUKKI DISTRICT. 2JINU P.V., S/O.VASUDEVAN, PUTHANPURACKAL HOUSE, JOSEGIRI P.O., KOCHUPPU, IDUKKI DISTRICT. BY ADVS. JOMY GEORGE DEEPAK MOHAN A.MINI JOSEPH P.REJINARK SEBASTIAN THOMAS K.B.SONY ``` ## **`RESPONDENTS:`** - `1 DEPUTY TAHSILDAR(REVENUE RECOVERY), NEDUMKANDAM, IDUKKI DISTRICT - 686 553.` - `2 STATE BANK OF INDIA , ADIMALY BRANCH, KANNATTU BUILDING, KALLARKUTTY ROAD, ADIMALY, IDUKKI DISTRICT REPRESENTED BY ITS MANAGER, PIN - 686 561.` - `3 SNDP UNION, ADIMALY P.O. ADIMALY, IDUKKI DISTRICT - 686 561, REPRESENTED BY ITS SECRETARY.` WP(C) NO. 8228 OF 2015 AND CONNECTED CASES 14 ``` 4K.T.SUKUMARAN, KIZHAKKEVEETTIL, MUTHIRAPUZHA, KONNATHADI P.O., ADIMALY, IDUKKI DISTRICT - 686 561. 5V.K.JENARDHANAN, VARAKIL HOUSE, SELLIYAMPARA P.O. ADIMALY, IDUKKI DISTRICT - 686 563. 6VILLAGE OFFICER, RAJAKKAD VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT - 686 553. BY ADVS. ``` ``` SRI.BINOY DAVIS, GP SRI.ABRAHAM K.JOHN SRI.R.S.KALKURA SRI.JIJI S ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.01.2024, ALONG WITH WP(C).8228/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` WP(C) NO. 8228 OF 2015 AND CONNECTED CASES 15 # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR. JUSTICE GOPINATH P. WEDNESDAY, THE 24[TH] DAY OF JANUARY 2024 / 4TH MAGHA, 1945 ``` ## **`WP(C) NO. 24630 OF 2015`** ## **`PETITIONERS:`** - `1 BINDHU SABU W/O.SABU, THAZHATHUKUDY HOUSE, VATTAYAR P.O, KALLAR, IDUKKI DISTRICT.` - `2 PUSHPA MOHANAN, W/O.MOHANAN, THALANANIYIL HOUSE, VATTAYAR P.O, KALLAR, IDUKKI DISTRICT.` ``` BY ADVS. ``` ``` SRI.JOMY GEORGE SRI.DEEPAK MOHAN SMT.A.MINI JOSEPH SRI.P.REJINARK SRI.SEBASTIAN THOMAS SMT.K.B.SONY ``` ## **`RESPONDENTS:`** - `1 DEPUTY TAHSILDAR(REVENUE RECOVERY), DEVIKULAM, IDUKKI DISTRICT - 686 553.` - `2 STATE BANK OF INDIA, ADIMALY BRANCH, KANNATTU BUILDING, KALLARKUTTY ROAD, ADIMALY, IDUKKI DISTRICT, REPRESENTED BY ITS MANAGER - 686 561.` - `3 SNDP UNION, ADIMALY P.O, ADIMALY, IDUKKI DISTRICT - 686 561, REPRESENTED BY ITS SECRETARY.` - `4 K.T.SUKUMARAN, KIZHAKKEVEETIL, MUTHIRAPUZHA, KONNATHADI P.O, ADIMALY, IDUKKI DISTRICT, 686 561.` WP(C) NO. 8228 OF 2015 AND CONNECTED CASES 16 ``` 5V.K.JENARDHANAN, VARAKIL HOUSE, SELIYAMPARA P.O, ADIMALY, IDUKKI DISTRICT - 686 563. 6VILLAGE OFFICER, PALLIVASAL VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT - 686 553. BY ADVS. ``` ``` SRI.BINOY DAVIS, GP SRI.ABRAHAM K.JOHN SRI.R.S.KALKURA SRI.JIJI S ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.01.2024, ALONG WITH WP(C).8228/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` WP(C) NO. 8228 OF 2015 AND CONNECTED CASES 17 # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR. JUSTICE GOPINATH P. WEDNESDAY, THE 24[TH] DAY OF JANUARY 2024 / 4TH MAGHA, 1945 ``` ## **`WP(C) NO. 27247 OF 2015`** ## **`PETITIONERS:`** ``` 1RETHNAMMA VIJAYAN, AGED 52 YEARS W/O.VIJAYAN, ELAVUMKAL HOUSE, KUTHUMKAL P O, VATTAKKANNIPARA, IDUKKI DISTRICT. ``` - `2 LEELAMMA GOPI W/O.GOPI, EDINJAKUZHIYIL HOUSE, KUTHUMKAL P O, VATTAKKANNIPARA, IDUKKI DISTRICT.` ``` BY ADVS. ``` ``` SRI.JOMY GEORGE SRI.DEEPAK MOHAN SMT.A.MINI JOSEPH SRI.P.REJINARK SRI.SEBASTIAN THOMAS SMT.K.B.SONY ``` ## **`RESPONDENTS:`** - `1 DEPUTY TAHSILDAR (REVENUE RECOVERY), NEDUMKANDAM, IDUKKI DISTRICT – 686553.` - `2 STATE BANK OF INDIA ADIMALY BRANCH, KANNATTU BUILDING, KALLARKUTTY ROAD, ADIMALY, IDUKKI DISTRICT, REPRESENTED BY ITS MANAGER – 686561.` - `3 S N D P UNION, ADIMALY P O, ADIMALY , IDUKKI DISTRICT686561, REPRESENTED BY ITS SECRETARY.` WP(C) NO. 8228 OF 2015 AND CONNECTED CASES 18 ``` 4K T SUKUMARAN, KIZHAKKEVEETIL, MUTHIRAPUZHA, KONNATHADI P O, ADIMALY, IDUKKI DISTRICT 686561. 5V K JENARDHANAN VARAKIL HOUSE, SELLIYAMPARA P O, ADIMALY, IDUKKI DISTRICT – 686563. 6VILLAGE OFFICER, RAJAKKAD VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT – 686553. BY ADVS. ``` ``` SRI.BINOY DAVIS, GP SRI.ABRAHAM K.JOHN SRI.R.S.KALKURA SRI.JIJI S ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.01.2024, ALONG WITH WP(C).8228/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` WP(C) NO. 8228 OF 2015 AND CONNECTED CASES 19 # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR. JUSTICE GOPINATH P. WEDNESDAY, THE 24[TH] DAY OF JANUARY 2024 / 4TH MAGHA, 1945 ``` # **`WP(C) NO. 27664 OF 2015`** ## **`PETITIONERS:`** ``` 1BIJI, AGED 43 YEARS W/O. BINU, THELLIPPADAVIL HOUSE, ANAVIRATTY P O, IRUTTUKANAM, IDUKKI DISTRICT. 2SARASWATHY, W/O.KARUNAKARAN, KAROTTUVATTAKKATTU HOUSE ANAVIRATTY P.O., IRUTTUKANAM, IDUKKI DISTRICT. BY ADVS. SRI.JOMY GEORGE SRI.DEEPAK MOHAN SMT.A.MINI JOSEPH SRI.P.REJINARK SRI.SEBASTIAN THOMAS SMT.K.B.SONY ``` ## **`RESPONDENTS:`** - `1 DEPUTY TAHSILDAR (REVENUE RECOVERY), DEVIKULAM, IDUKKI DISTRICT - 686 553.` - `2 STATE BANK OF INDIA, ADIMALY BRANCH, KANNATTU BUIILDING, KALLARKUTTY ROAD, ADIMALY, IDUKKI DISTRICT, REPRESENTED BY ITS MANAGER - 686 561.` - `3 SNDP UNION, ADIMALY P.O. ADIMALY, IDUKKI DISTRICT - 686 561, REPRESENTED BY ITS SECRETARY.` WP(C) NO. 8228 OF 2015 AND CONNECTED CASES 20 ``` 4K.T.SUKUMARAN, KIZHAKKEVEETTIL, MUTHIRAPUZHA KONNATHADI P.O.ADIMALY, IDUKKI DISTRICT - 686 561. 5V.K.JENARDHANAN, VARAKIL HOUSE, SELLIYAMPARA P.O. ADIMALY, IDUKKI DISTRICT - 686 563. 6VILLAGE OFFICER, MANNANKANDAM VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT - 686 553. BY ADVS. SRI.BINOY DAVIS, GP SRI.ABRAHAM K.JOHN SRI.R.S.KALKURA SRI.JIJI S ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.01.2024, ALONG WITH WP(C).8228/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` WP(C) NO. 8228 OF 2015 AND CONNECTED CASES 21 # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR. JUSTICE GOPINATH P. WEDNESDAY, THE 24[TH] DAY OF JANUARY 2024 / 4TH MAGHA, 1945 ``` ## **`WP(C) NO. 30490 OF 2015`** ## **`PETITIONERS:`** - `1 SINDHU RAJESH, AGED 33 YEARS, W/O.RAJESH, THADATHIL HOUSE, VATTAYAR PO, KURISUPARA, IDUKKI DISTRICT.` - `2 SUKUMARY RAVEENDHRAN, W/O.RAVEENDRAN, VAKAVAYALIL HOUSE, VATTAYAR PO, KURISUPARA, IDUKKI DISTRICT.` ``` BY ADVS. SRI.JOMY GEORGE KUM.M .ANJU THOMAS SRI.DEEPAK MOHAN SMT.A.MINI JOSEPH SRI.P.REJINARK SRI.SEBASTIAN THOMAS SMT.K.B.SONY ``` ## **`RESPONDENTS:`** - `1 DEPUTY TAHSILDAR (REVENUE RECOVERY), DEVIKULAM, IDUKKI DISTRICT-686 553.` - `2 STATE BANK OF INDIA, ADIMALY BRANCH, KANNATTU BUILDING, KALLARKUTTY ROAD, ADIMALY, IDUKKI DISTRICT686 561, REPRESENTED BY ITS MANAGER.` - `3 SNDP UNION, ADIMALY PO, ADIMALY, IDUKKI DISTRICT-686 561, REPRESENTED BY ITS SECRETARY.` WP(C) NO. 8228 OF 2015 AND CONNECTED CASES 22 ``` 4K.T.SUKUMARAN, KIZHAKKEVEETTIL, MUTHIRAPUZHA, KONNATHADI PO, ADIMALY, IDUKKI DISTRICT-686 561. 5V.K.JENARDHANAN, VARAKIL HOUSE, SELLIYAMPARA PO, ADIMALY, IDUKKI DISTRICT-686 563. 6VILLAGE OFFICER, PALLIVASAL VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT-686 553. BY ADVS. ``` ``` SRI.BINOY DAVIS, GP SRI.ABRAHAM K.JOHN SRI.R.S.KALKURA SRI.JIJI S ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.01.2024, ALONG WITH WP(C).8228/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` WP(C) NO. 8228 OF 2015 AND CONNECTED CASES 23 # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR. JUSTICE GOPINATH P. WEDNESDAY, THE 24[TH] DAY OF JANUARY 2024 / 4TH MAGHA, 1945 ``` ## **`WP(C) NO. 30504 OF 2015`** ## **`PETITIONER:`** ``` RAJAMMA, AGED 52 YEARS, W/O.MOHANAN, KAROTTUPARAMBIL HOUSE, KHAJANAPARA P.O., KHAJANAPARA, IDUKKI DISTRICT. ``` ``` BY ADVS. SRI.JOMY GEORGE KUM.M .ANJU THOMAS SRI.DEEPAK MOHAN SMT.A.MINI JOSEPH SRI.P.REJINARK SRI.SEBASTIAN THOMAS SMT.K.B.SONY ``` ## **`RESPONDENTS:`** - `1 DEPUTY TAHSILDAR (REVENUE RECOVERY), NEDUMKANDAM NEDUMKANDAM, IDUKKI DISTRICT-686 553.` - `2 STATE OF KERALA ADIMALY BRANCH, KANNATTU BUILDING, KALLARKUTTY ROAD, ADIMALY, IDUKKI DISTRICT, REPRESENTED BY ITS MANAGER-686 561.` - `3 SNDP UNION, ADIMALY P.O., ADIMALY, IDUKKI DISTRICT-686 561, REPRESENTED BY ITS SECRETARY.` - `4 K.T.SUKUMARAN, KIZHAKKEVEETTIL, MUTHIRAPPUZHA, KONNATHADI P.O., ADIMALY, IDUKKI DISTRICT-686 561.` WP(C) NO. 8228 OF 2015 AND CONNECTED CASES 24 ``` 5V.K.JANARDHANAN, VARAKIL HOUSE, SELLIYAMPARA P.O., ADIMALY, IDUKKI DISTRICT-686 563. 6VILLAGE OFFICER, RAJAKUMARI VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT-686 553. BY ADVS. SRI.ABRAHAM K.JOHN SRI.R.S.KALKURA, SC SRI.S.JIJI SRI.BINOY DAVIS ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.01.2024, ALONG WITH WP(C).8228/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` WP(C) NO. 8228 OF 2015 AND CONNECTED CASES 25 # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR. JUSTICE GOPINATH P. WEDNESDAY, THE 24[TH] DAY OF JANUARY 2024 / 4TH MAGHA, 1945 ``` ## **`WP(C) NO. 36422 OF 2015`** ## **`PETITIONERS:`** - `1 SUMA BIJU, AGED 38 YEARS, W/O.BIJU, PEEDICKAL HOUSE, PANICKANKUDY P.O, KOMBODINJAL,IDUKKI DISTRICT.` - `2 MEENAKSHI KUMARAN, W/O. KUMARAN, ARAYIL HOUSE, PANICKANKUDY P.O, KOMBODINJAL, IDUKKI DISTRICT. BY ADVS. JOMY GEORGE ANJU THOMAS.M DEEPAK MOHAN A.MINI JOSEPH P.REJINARK SEBASTIAN THOMAS K.B.SONY` ## **`RESPONDENTS:`** - `1 DEPUTY TAHSILDAR (REVENUE RECOVERY) NEDUMKANDAM,IDUKKI DISTRICT - 686 553.` - `2 STATE BANK OF INDIA, ADIMALY BRANCH, KANNATTU BUILDING, KALLARKUTTY ROAD, ADIMALY, IDUKKI DISTRICT, REPRESENTED BY ITS MANAGER - 686 561.` - `3 SNDP UNION, ADIMALY P.O, ADIMALY, IDUKKI DISTRICT - 686 561, REPRESENTED BY ITS SECRETARY.` WP(C) NO. 8228 OF 2015 AND CONNECTED CASES 26 ``` 4K.T SUKUMARAN, KIZHAKKEVEETTIL,MUTHIRAPUZHA, KONNATHADI P.O,ADIMALY, IDUKKI DISTRICT - 686 561. 5V.K JENARDHANAN, VARAKIL HOUSE, SELLIYAMPARA P.O, ADIMALY, IDUKKI DISTRICT - 686 563. 6VILLAGE OFFICER, KONNATHADI VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT -686 553 BY ADV SRI.ABRAHAM K.JOHN SRI.R.S.KALKURA, SC SRI.JIJI S, SRI.BINOY DAVIS, GP ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.01.2024, ALONG WITH WP(C).8228/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` WP(C) NO. 8228 OF 2015 AND CONNECTED CASES 27 # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR. JUSTICE GOPINATH P. WEDNESDAY, THE 24[TH] DAY OF JANUARY 2024 / 4TH MAGHA, 1945 ``` ## **`WP(C) NO. 36425 OF 2015`** ## **`PETITIONERS:`** - `1 BINDHU SANTHOSH W/O.SANTHOSH, MALAYIL HOUSE, PARATHODU P.O, PULLUKANDAM IDUKKI DISTRICT.` - `2 AMMINI MURALY W/O.MURALY, KARUKUNNEL HOUSE, PARATHODU P.O, PULLUKANDAM,IDUKKI DISTRICT. BY ADVS. SRI.JOMY GEORGE KUM.M .ANJU THOMAS SRI.DEEPAK MOHAN SMT.A.MINI JOSEPH SRI.P.REJINARK SRI.SEBASTIAN THOMAS SMT.K.B.SONY` ## **`RESPONDENTS:`** - `1 DEPUTY TAHSILDAR (REVENUE RECOVERY), NEDUMKANDAM, IDUKKI DISTRICT 686 553.` - `2 STATE BANK OF INDIA, ADIMALY BRANCH, KANNATTU BUILDING, KALLARKUTTY ROAD, ADIMALY, IDUKKI DISTRICT, REPRESENTED BY ITS MANAGER-686 561` - `3 SNDP UNION, ADIMALY P.O, ADIMALY, IDUKKI DISTRICT 686 561, REPRESENTED BY ITS SECRETARY.` WP(C) NO. 8228 OF 2015 AND CONNECTED CASES 28 ``` 4K.T. SUKUMARAN, KIZHAKKEVEETTIL, MUTHIRAPUZHA, KONNATHADI P.O, ADIMALY, IDUKKI DISTRICT - 686 561. 5V.K. JENARDHANAN, VARAKIL HOUSE, SELLIYAMPARA P.O, ADIMALY, IDUKKI DISTRICT - 686563. 6VILLAGE OFFICER KONNATHADI VILLAGE, UDUMBANCHOLA TALUK,IDUKKI DISTRICT - 686 553. BY ADVS. SRI.ABRAHAM K.JOHN SRI.R.S.KALKURA, SC SRI.BINOY DAVIS, GP SRI.JIJI S ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.01.2024, ALONG WITH WP(C).8228/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` WP(C) NO. 8228 OF 2015 AND CONNECTED CASES 29 # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** # **`THE HONOURABLE MR. JUSTICE GOPINATH P. WEDNESDAY, THE 24[TH] DAY OF JANUARY 2024 / 4TH MAGHA, 1945 WP(C) NO. 37093 OF 2015`** ## **`PETITIONERS:`** ``` 1NIRMALA NARAYANAN, AGED 44 YEARS, W/O.NARAYANAN, KANGERATHINKAL HOUSE,MUNIYARA P.O., MUNIYARA, IDUKKI DISTRICT. ``` ``` 2SUNITHA SHIBU, W/O.SHIBU, OLANICKAL HOUSE, MUNIYARA P.O.,MUNIYARA, IDUKKI DISTRICT. BY ADVS. SRI.JOMY GEORGE KUM.M .ANJU THOMAS SRI.DEEPAK MOHAN SMT.A.MINI JOSEPH ``` ## **`RESPONDENTS:`** - `1 DEPUTY TAHSILDAR (REVENUE RECOVERY), NEDUMKANDAM, IDUKKI DISTRICT - 686 553.` - `2 STATE BANK OF INDIA, ADIMALY BRANCH, KANNATTU` ``` BUILDING,KALLARKUTTY ROAD, ADIMALY, IDUKKI DISTRICT, REPRESENTED BY ITS MANAGER - 686 561. ``` - `3 SNDP UNION, ADIMALY P.O., ADIMALY, IDUKKI DISTRICT - 686 561, REPRESENTED BY ITS SECRETARY.` WP(C) NO. 8228 OF 2015 AND CONNECTED CASES 30 ``` 4K.T.SUKUMARAN KIZHAKKEVEETTIL, MUTHIRAPUZHA, KONNATHADI P.O, ADIMALY, IDUKKI DISTRICT - 686 561. 5V.K.JANARDHANAN, VARAKIL HOUSE, SELLIYAMPARA P.O., ADIMALY,IDUKKI DISTRICT - 686 563. 6VILLAGE OFFICER, KONNATHADI VILLAGE, UDUMBANCHOLA TALUK,IDUKKI DISTRICT - 686 553. BY ADVS. SRI.BINOY DAVIS, GP SRI.R.S.KALKURA, SC, SBI SRI.ABRAHAM K.JOHN SRI.S.JIJI ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.01.2024, ALONG WITH WP(C).8228/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` WP(C) NO. 8228 OF 2015 AND CONNECTED CASES 31 # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR. JUSTICE GOPINATH P. WEDNESDAY, THE 24[TH] DAY OF JANUARY 2024 / 4TH MAGHA, 1945 WP(C) NO. 37094 OF 2015 ``` ## **`PETITIONERS:`** - `1 SUMATHI SUKUMARAN, W/O.SUKUMARAN, AGED 42 YEARS W/O.SUKUMARAN, KARUKAPPILLIL HOUSE, MUNIYARA P.O, CHURULI, IDUKKI DISTRICT.` ``` 2SIJI SAJEEVAN, W/O.SAJEEVAN, ATTUKUZHIYIL HOUSE, MUNIYARA P.O., CHURULI, IDUKKI DISTRICT. BY ADVS. SRI.JOMY GEORGE SRI.DEEPAK MOHAN SMT.A.MINI JOSEPH ``` ## **`RESPONDENTS:`** - `1 DEPUTY TAHSILDAR (REVENUE RECOVERY) NEDUMKANDAM, IDUKKI DISTRICT - 686 553.` - `2 STATE BANK OF INDIA, ADIMALY BRANCH, KANNATTU` ``` BUILDING,KALLARUKUTTY ROAD, ADIMALY, IDUKKI DISTRICT, REPRESENTED BY ITS MANAGER - 686 561. ``` - `3 SNDP UNION, ADIMALY P.O., ADIMALY, IDUKKI DISTRICT - 686 561 REPRESENTED BY ITS SECRETARY.` - `4 K.T.SUKUMARAN, KIZHAKKEVEETTIL, MUTHIRAPUZHA, KONNATHADI P.O, ADIMALY, IDUKKI DISTRICT - 686 561.` WP(C) NO. 8228 OF 2015 AND CONNECTED CASES 32 ``` 5V.K.JANARDHANAN VARAKIL HOUSE, SELLIYAMPARA P.O., ADIMALY,IDUKKI DISTRICT - 686 563. 6VILLAGE OFFICER KONNATHADI VILLAGE, UDUMBANCHOLA TALUK,IDUKKI DISTRICT - 686 553. BY ADVS. SRI.BINOY DAVIS, GP SRI.ABRAHAM K.JOHN SRI.R.S.KALKURA SRI.JIJI S ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.01.2024, ALONG WITH WP(C).8228/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` WP(C) NO. 8228 OF 2015 AND CONNECTED CASES 33 # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR. JUSTICE GOPINATH P. WEDNESDAY, THE 24[TH] DAY OF JANUARY 2024 / 4TH MAGHA, 1945 ``` ## **`WP(C) NO. 36734 OF 2016`** ## **`PETITIONERS:`** ``` 1CHANDRIKA SASI, AGED 43 YEARS, W/O SASI, MOLATHU HOUSE, KATHIPARA PO, KATHIPARA, IDUKKI DISTRICT. ``` - `2 SANTHAMMA SOMAN, W/O. SOMAN, KIZHAKKEDATHU HOUSE, KATHIPARA P.O. KATHIPARA, IDUKKI DISTRICT.` ``` BY ADVS. SRI.JOMY GEORGE KUM.M .ANJU THOMAS SRI.DEEPAK MOHAN SMT.A.MINI JOSEPH ``` ## **`RESPONDENTS:`** - `1 DEPUTY TAHSILDAR (REVENUE RECOVERY), DEVIKULAM,IDUKKI DIST- 686 553.` - `2 STATE BANK OF INDIA ADIMALY BRANCH, KANNATTU BUILDING, KALLARKUTTY ROAD, ADIMALY, IDUKKI DISTRICT, REPRESENTED BY ITS MANAGER- 686 561.` - `3 SNDP UNION, ADIMALY P.O. ADIMALY IDUKKI DISTRICT- 686 561, REPRESENTED BY ITS SECRETARY.` - `4 K.T.SUKUMARAN, KIZHAKKEVEETTIL, MUTHIRAPUZHA, KONNATHADI P.O. ADIMALY, IDUKKI DIST- 686 561.` WP(C) NO. 8228 OF 2015 AND CONNECTED CASES 34 ``` 5V.K.JENARDHANAN, VARAKIL HOUSE, SELLIYAMPARA P.O. ADIMALY, IDUKKI DISRICT - 686 563. 6VILLAGE OFFICER, VELLATHOOVAL VILLAGE, DEVIKULAM TALUK, IDUKKI DIST- 686 553. ``` ``` BY ADVS. ``` ``` SRI.BINOY DAVIS, GP SRI.ABRAHAM K.JOHN SRI.R.S.KALKURA SRI.JIJI S ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.01.2024, ALONG WITH WP(C).8228/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` WP(C) NO. 8228 OF 2015 AND CONNECTED CASES 35 # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR. JUSTICE GOPINATH P. WEDNESDAY, THE 24[TH] DAY OF JANUARY 2024 / 4TH MAGHA, 1945 ``` ## **`WP(C) NO. 39371 OF 2015`** ## **`PETITIONERS:`** - `1 SUSHAMMA SASI, AGED 50 YEARS, W/O.SASI, KANNIKKATTIL HOUSE, ADIMALY PO, ADIMALY, IDUKKI DISTRICT.` - `2 USHA,W/O.PURUSHOTHAMAN, CHERUKUZHIYIL HOUSE, ADIMALY PO, ADIMALY, IDUKKI DISTRICT.` ``` BY ADVS. SRI.JOMY GEORGE KUM.M .ANJU THOMAS SRI.DEEPAK MOHAN SMT.A.MINI JOSEPH ``` ## **`RESPONDENTS:`** - `1 DEPUTY TAHSILDAR (REVENUE RECOVERY), DEVIKULAM, IDUKKI DISTRICT - 686 553.` - `2 STATE BANK OF INDIA, ADIMALY BRANCH, KANNATTU BUILDING, KALLARKUTTY ROAD, ADIMALY, IDUKKI DISTRICT, REPRESENTED BY ITS MANAGER - 686 561.` - `3 SNDP UNION, ADIMALY PO, ADIMALY, IDUKKI DISTRICT - 686 561, REPRESETNED BY ITS SECRETARY.` - `4 K.T.SUKUMARAN, KIZHAKKEVEETTIL, MUTHIRAPUZHA, KONNATHADI PO, ADIMALY, IDUKKI DISTRICT - 686 561.` WP(C) NO. 8228 OF 2015 AND CONNECTED CASES 36 ``` 5V.K.JENARDHANAN, VARAKIL HOUSE, SELLIYAMPARA PO, ADIMALY, IDUKKI DISTRICT - 686 563. 6VILLAGE OFFICER, MANNAMKANDAM VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT - 686 553. BY ADVS. SRI.BINOY DAVIS, GP SRI.ABRAHAM K.JOHN SRI.R.S.KALKURA SRI.JIJI S ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.01.2024, ALONG WITH WP(C).8228/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` WP(C) NO. 8228 OF 2015 AND CONNECTED CASES 37 # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR. JUSTICE GOPINATH P. WEDNESDAY, THE 24[TH] DAY OF JANUARY 2024 / 4TH MAGHA, 1945 ``` ## **`WP(C) NO. 39377 OF 2015`** ## **`PETITIONERS:`** - `1 BINDHU SALIKUMAR, AGED 45 YEARS` ``` W/O.SALIKUMAR, PALAKKUNNEL HOUSE, VALARA P O, 14TH MILE, IDUKKI DISTRICT. ``` - `2 SUNI SHAJI, W/O.SHAJI,PALAKUNNEL HOUSE, VALARA P O, 14TH MILE, IDUKKI DISTRICT.` ``` BY ADVS. ``` ``` SRI.JOMY GEORGE KUM.M .ANJU THOMAS SRI.DEEPAK MOHAN SMT.A.MINI JOSEPH ``` ## **`RESPONDENTS:`** - `1 DEPUTY TAHSILDAR (REVENUE RECOVERY), DEVIKULAM, IDUKKI DISTRICT – 686553.` - `2 STATE BANK OF INDIA, ADIMALY BRANCH, KANNATTU BUILDING, KALLARKUTTY ROAD, ADIMALY , IDUKKI DISTRICT - 686561, REPRESENTED BY ITS MANAGER.` - `3 SNDP UNION, ADIMALY P O, ADIMALY, IDUKKI DISTRICT - 686561, REPRESENTED BY ITS SECRETARY.` - `4 K T SUKUMARAN, KIZHAKKEVEETTIL, MUTHIRAPUZHA, KONNATHADI P O, ADIMALY, IDUKKI DISTRICT – 686561.` WP(C) NO. 8228 OF 2015 AND CONNECTED CASES 38 ``` 5V K JENARDHANAN, VARAKIL HOUSE, SELLIYAMPARA P O, ADIMALY, IDUKKI DISTRICT – 686563. 6VILLAGE OFFICER, MANNAMKANDAM VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT – 686 553. ``` ``` BY ADVS. SRI.BINOY DAVIS, GP SRI.ABRAHAM K.JOHN SRI.R.S.KALKURA SRI.JIJI S ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.01.2024, ALONG WITH WP(C).8228/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` WP(C) NO. 8228 OF 2015 AND CONNECTED CASES 39 # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR. JUSTICE GOPINATH P. WEDNESDAY, THE 24[TH] DAY OF JANUARY 2024 / 4TH MAGHA, 1945 WP(C) NO. 39378 OF 2015 ``` ## **`PETITIONER:`** ``` SOBHANA SANTHOSH, AGED 40 YEARS, W/O.SANTHOSH, PUTHENPURAYIL HOUSE, MANIYARA P O, PANNIYARNIRAPPU, IDUKKI DISTRICT. BY ADVS. ``` ``` SRI.JOMY GEORGE KUM.M .ANJU THOMAS SRI.DEEPAK MOHAN SMT.A.MINI JOSEPH ``` ## **`RESPONDENTS:`** - `1 DEPUTY TAHSILDAR (REVENUE RECOVERY), NEDUMKANDAM, IDUKKI DISTRICT – 686553.` - `2 STATE BANK OF INDIA, ADIMALY BRANCH, KANNATTU BUILDING, KALLARKUTTY ROAD, ADIMALY , IDUKKI DISTRICT, REPRESENTED BY ITS MANAGER – 686561.` - `3 SNDP UNION, ADIMALY P O, ADIMALY, IDUKKI DISTRICT - 686561, REP BY ITS SECRETARY.` - `4 K T SUKUMARAN, KIZHAKKEVEETTIL MUTHIRAPUZHA, KONNATHADI P O, ADIMALY,IDUKKI DISTRICT – 686561.` WP(C) NO. 8228 OF 2015 AND CONNECTED CASES 40 ``` 5V K JENARDHANAN, VARAKIL HOUSE, SELLIYAMPARA P O, ADIMALY, IDUKKI DISTRICT,686563. 6VILLAGE OFFICER KONNATHADI VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT - 686553 BY ADVS. SRI.BINOY DAVIS, GP SRI.ABRAHAM K.JOHN SRI.R.S.KALKURA SRI.JIJI S ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.01.2024, ALONG WITH WP(C).8228/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` WP(C) NO. 8228 OF 2015 AND CONNECTED CASES 41 # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR. JUSTICE GOPINATH P. WEDNESDAY, THE 24[TH] DAY OF JANUARY 2024 / 4TH MAGHA, 1945 ``` ## **`WP(C) NO. 39394 OF 2015`** ## **`PETITIONERS:`** ``` 1SUMA AGED 44 YEARS W/O.SURESH, PARYIL HOUSE, MANNAMKANDAM PO., IRUNUR ACRE, IDUKKI DISTRICT. ``` - `2 CHANDRIKA, W/O.SASI, ELAVUMKAL HOUSE, MANNAMKANDAM PO., IRUNUR ACRE, IDUKKI DISTRICT.` ``` BY ADVS. SRI.JOMY GEORGE KUM.M .ANJU THOMAS SRI.DEEPAK MOHAN SMT.A.MINI JOSEPH ``` ## **`RESPONDENTS:`** - `1 DEPUTY TAHSILDAR (REVENUE RECOVERY), DEVIKULAM, IDUKKI DISTRICT - 686 553.` - `2 STATE BANK OF INDIA, ADIMALY BRANCH, KANNATTU BUILDING, KALLARKUTTY ROAD, ADIMALY, IDUKKI DISTRICT , 686 561, REPRESENTED BY ITS MANAGER.` - `3 SNDP UNION, ADIMALY PO., ADIMALY, IDUKKI DISTRICT - 686 561, REPRESENTED BY ITS SECRETARY.` - `4 K.T.SUKUMARAN, KIZHAKKEVEETTIL, MUTHIRAPUZHA, KONNATHADI PO., ADIMALY, IDUKKI DISTRICT - 686 561.` WP(C) NO. 8228 OF 2015 AND CONNECTED CASES 42 ``` 5V.K.JENARDHANAN, VARAKIL HOUSE, SELLIYAMPARA PO., ADIMALY, IDUKKI DISTRICT-686 563. 6VILLAGE OFFICER MANNAMKANDAM VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT-686 553. BY ADVS. SRI.BINOY DAVIS, GP SRI.ABRAHAM K.JOHN SRI.R.S.KALKURA SRI.JIJI S ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.01.2024, ALONG WITH WP(C).8228/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` WP(C) NO. 8228 OF 2015 AND CONNECTED CASES 43 ## JUDGMENT [WP(C) Nos.8228/2015, 8234/2015, 22049/2015, 22929/2015, 24608/2015, 24629/2015, 24630/2015, 27247/2015, 27664/2015, 30490/2015, 30504/2015, 36422/2015, 36425/2015, 37093/2015, 37094/2015, 39371/2015, 39377/2015, 39378/2015, 39394/2015, 1868/2016 and 36734/2016] Petitioners in these cases are members of a Self Help Group, which had availed a loan, which were disbursed to the individual members of the Self Help Group by the State Bank of India. In respect of petitioners in W.P.(C)No.8228 of 2015, an amount of Rs.77,889/- was due on 21.01.2006. In respect of petitioners in W.P.(C)No.8234 of 2015, an amount of Rs.1,05,060/- was due on 22.01.2006. In respect of petitioner in W.P.(C)No.22049 of 2015, an amount of Rs.64,978/- was due on 22.01.2006. In respect of petitioner in W.P.(C)No.22929 of 2015, an amount of Rs.1,27,970/- was due on 06.02.2007. In respect of petitioners in W.P.(C)No.24608 of 2015, an amount of Rs.59,572/- was due on 06.02.2007. In respect of petitioners in W.P.(C)No.24629 of 2015, an amount of Rs.56,342/- was due on 03.02.2007. In WP(C) NO. 8228 OF 2015 AND CONNECTED CASES 44 respect of petitioners in W.P.(C)No.24630 of 2015, an amount of Rs.1,33,781/- was due on 19.03.2006. In respect of petitioners in W.P.(C)No.27247 of 2015, an amount of Rs.58,782/- was due on 22.01.2006. In respect of petitioners in W.P.(C)No.27664 of 2015, an amount of Rs.1,52,476/- was due on 19.03.2006. In respect of petitioners in W.P.(C)No.30490 of 2015, an amount of Rs.47,616/- was due on 03.01.2008. In respect of petitioner in W.P.(C)No.30504 of 2015, an amount of Rs.1,33,509/- was due on 03.01.2008. In respect of petitioners in W.P.(C)No.36422 of 2015, an amount of Rs.94,183/- was due on 22.01.2006. In respect of petitioners in W.P.(C)No.36425 of 2015, an amount of Rs.21,298/- was due on 17.04.2006. In respect of petitioners in W.P.(C)No.37093 of 2015, an amount of Rs.40,322/- was due on 22.01.2006. In respect of petitioners in W.P.(C)No.37094 of 2015, an amount of Rs.56,875/- was due on 07.12.2007. In respect of petitioners in W.P.(C)No.39371 of 2015, an amount of Rs.94,029/- was due on 26.04.2006. In respect of petitioners in W.P.(C)No.39377 of 2015, an amount of Rs.61,501/- was due on 06.11.2007. In respect of petitioner in W.P.(C)No.39378 of 2015, an amount of Rs.1,04,327/- was due on 22.01.2006. In respect of WP(C) NO. 8228 OF 2015 AND CONNECTED CASES 45 petitioners in W.P.(C)No.39394 of 2015, an amount of Rs.76,847/- was due on 22.01.2006. In respect of petitioners in W.P.(C)No.1868 of 2016, an amount of Rs.3,00,809/- was due on 11.01.2007. In respect of petitioners in W.P.(C)No.36734 of 2016, an amount of Rs. 28,335/- was due on 16.11.2007. It is the case of the petitioners that the loans were disbursed through the SNDP Union, Adimaly and the petitioners had repaid the amounts to the SNDP Union for remittance to the Bank. It is submitted that there was misappropriation of the amounts remitted by the individual petitioners leading to registration of criminal cases against the then members of the SNDP Union. It is submitted that alleging failure to repay the loans, Revenue Recovery proceedings have been initiated against the petitioners much beyond the period of limitation. It is submitted that the limitation in respect of the loans availed by the petitioners cannot be beyond the period of three years from the date on which the installments were due as the loans were not secured by mortgage of immovable property, in which case alone the period of 12 years under Article 62 of the Schedule to the Limitation Act would be available. It is submitted that going by the judgment of Supreme Court in State of Kerala v. WP(C) NO. 8228 OF 2015 AND CONNECTED CASES 46 V.R.Kalliyanikutty [1999 (2) KLT 146 (SC)], the Revenue Recovery proceedings under the Kerala Revenue Recovery Act, 1968 could be initiated only in respect of dues which could be enforced [by filing a suit] within the period of limitation. It is submitted that since the recovery proceedings in these cases were far beyond the period of three years from the date on which the amounts were due, the claim was barred by limitation and therefore, on this short ground the Revenue Recovery proceedings are liable to be set aside. 2. The learned Standing Counsel appearing for the State Bank of India would however contend that these cases cannot be taken as cases where the Revenue Recovery proceedings are barred on account of limitation. It is submitted that there are cases where the SNDP Union in question had guaranteed the repayment of the amounts and had also made part payments after the date on which the Revenue Recovery proceedings were initiated by the Bank. It is submitted that when part payments are made, the same should be treated as acknowledgment of debt for the purpose of Section 18 of the Limitation Act and therefore, the Revenue Recovery proceedings cannot be stated to be barred by WP(C) NO. 8228 OF 2015 AND CONNECTED CASES 47 limitation. He has also placed reliance on certain judgments which would indicate that part payment amounts to acknowledgment for the purposes of Section 18 of the Limitation Act. Having heard the learned counsel appearing for the petitioners and the learned counsel appearing for the respondent Bank, I am of the view that even if the contention of the learned Standing Counsel for the respondent Bank that part payment amounts to acknowledgment for the purpose of Section 18 of the Limitation Act is to be accepted, it must be noted that in the facts of these cases, the part payment is made by a third party, namely the SNDP union, which is not a party to the loan agreement between the Bank and the borrowers. Such payment by a third party cannot, obviously, amount to an acknowledgment for the purposes of Section 18 of the Limitation Act as the borrowers had no role in making such payment for it to be treated as an acknowledgment by the borrowers for the purposes of Section 18 of the Limitation Act. It is not seriously disputed that considering the date on which the amounts were due, the requisition for Revenue Recovery proceedings was far beyond the period of three WP(C) NO. 8228 OF 2015 AND CONNECTED CASES 48 years and since the loans were not secured by mortgage of immovable property, the period of limitation can only be three years and not 12 years as contemplated by Article 62 of the Schedule to the Limitation Act. It has therefore to be held that the Revenue Recovery proceedings initiated against the petitioners are barred by limitation and cannot be continued in view of the law laid down by the Supreme Court in Kalliyanikutty (supra). Therefore, these writ petitions are allowed and the Revenue Recovery proceedings initiated against the petitioners in these cases will stand quashed. Sd/GOPINATH P. JUDGE DK WP(C) NO. 8228 OF 2015 AND CONNECTED CASES ## 49 ## **`APPENDIX OF WP(C) 1868/2016`** ``` PETITIONER EXHIBITS EXT P1-TRUE COPY OF THE RELEVANT PAGES OF THE FINAL REPORT FILED BY THE INSPECTOR OF POLICE, ADIMALY AGAISNT THE RESPONDENTS 4 AND 5 EXT P2-TRUE COPY OF THE DEMAND NOTICE UNDER SECTION 7 OF THE R.R ACT DATED 06/11/2015 ISSUED TO THE PETITIONERS ``` ``` EXT P3-TRUE COPY OF THE DEMAND NOTICE U/S 34 OF THE R.R ACT DATED 06/11/2015 ISSUED TO THE PETITIONERS ``` ``` EXT P4-TRUE COPY OF THE ORDER DATED 12/01/2015 IN W.P(C) 969/2015 PASSED BY THIS HONOURABLE COURT. ``` WP(C) NO. 8228 OF 2015 AND CONNECTED CASES ## 50 ## **`APPENDIX OF WP(C) 8234/2015`** ## `PETITIONER EXHIBITS` ``` EXT P1 : TRUE COPY OF THE RELEVANT PAGES OF THE FINAL REPORT FILED BY THE INSPECTOR OF POLICE, ADIMALY AGAINST THE RESPONDENTS 5 AND 6. ``` - `EXT P2 : TRUE COPY OF THE REQUISITION GIVEN BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT ON 28-08-2014.` ``` EXT P3 : TRUE COPY OF THE DEMAND NOTICE UNDER SECTION 7 OF THE REVENUE RECOVERY ACT DATED 04-12-2014 ISSUED TO THE PETITIONERS. ``` ``` EXT P4 : TRUE COPY OF THE DEMAND NOTICE UNDER SECTION 34 OF THE REVENUE RECOGRY ACT DATED 04-12-2014 ISSUED TO THE PETITIONERS. ``` ``` EXT P5 : TRUE COPY OF THE ORDER DATED 12-01- 2015 IN WP(C).NO.969/15 PASSED BY THIS HON'BLE COURT. ``` WP(C) NO. 8228 OF 2015 AND CONNECTED CASES ## 51 ## **`APPENDIX OF WP(C) 22049/2015`** ``` PETITIONER EXHIBITS EXT P1:TRUE COPY OF THE RELEVANT PAGES OF THE FINAL REPORT FILED BY THE INSPECTOR OF POLICE, ADIMALY AGAINST THE RESPONDENTS 4 AND 5 EXT P2:TRUE COPY OF THE DEMAND NOTICE UNDER SECTION 7 OF THE REVENUE RECOVERY ACT DATED 18.02.2015 ISSUED TO THE PETITIONERS ``` ``` EXT P3:TRUE COPY OF THE DEMAND NOTICE UNDER SECTION 34 OF THE REVENUE RECOVERY ACT DATED 18.02.2015 ISSUED TO THE PETITIONERS ``` ``` EXT P4:TRUE COPY OF THE ORDER DATED 12.01.2015 IN WPC.NO.969/2015 PASSED BY THIS HONOURABLE COURT ``` WP(C) NO. 8228 OF 2015 AND CONNECTED CASES 52 ## **`APPENDIX OF WP(C) 22929/2015`** ``` PETITIONER EXHIBITS ``` - `EXT P1: TRUE COPY OF THE SEIZURE MAHAZAR DATED 05.08.2012` - `EXT P2: TRUE COPY OF THE RELEVANT PAGES OF THE FINAL REPORT FILED BY THE INSPECTOR OF POLICE, ADIMALY AGAINST THE RESPONDENTS 4 TO 5` - `EXT P3: TRUE COPY OF THE DEMAND NOTICE UNDER SECTION 34 OF THE REVENUE RECOVERY ACT DATED 04.02.2015 ISSUED TO THE PETITIONER` - `EXT P4: TRUE COPY OF THE ORDER DATED 12.01.2015 IN WPC.NO.969/2015 PASSED BY THE HON'BLE COURT` - `RESPONDENT EXHIBITS` - `Exhibit R12(a) TRUE COPY OF LETTER DATED 15.07.2011 ISSUED BY THE INSPECTOR OF POLICE, ADIMALY TO THE SECOND RESPONDENT.` - `Exhibit R2(b) TRUE COPY OF THE LETTER DATED 20.07.2011 ISSUED BY THE SECOND RESPONDENT TO THE INSPECTOR OF POLICE ADMIALY.` - `Exhibit R(2(c) TRUE COPY OF THE RELEVANT PAGES OF THE RESERVE BAND CIRCULAR BEARING NO. RPCD NO. PLAN BC.4/04.09.01/2006-07 DATED 03.07.2006 INDICATING THAT THE LOAN IS A PRIORITY SECTOR LOAN.` WP(C) NO. 8228 OF 2015 AND CONNECTED CASES ## 53 ## **`APPENDIX OF WP(C) 24608/2015`** |`PETITIONER`|`EXHIBITS`| |---|---| |`EXT P1:`|`COPY OF THE RELEVANT PAGES OF THE`| ||`FINAL REPORT FILED BY THE INSPECTOR`| ||`OF POLICE, ADIMALY AGAINST THE`| ||`RESPONDENTS 4 AND 5.`| |`EXT P2:`|`COPY OF THE DEMAND NOTICE UNDER`| ||`SECTION 7 OF THE REVENUE RECOVERY`| ||`ACT DATED NIL ISSUED TO THE`| ||`PETITIONERS.`| |`EXT P3:`|`COPY OF THE DEMAND NOTICE UNDER`| ||`SECTION 34 OF THE REVENUE RECOVERY`| ||`ACT DATED 19.3.2015 ISSUED TO THE`| ||`PETITIONERS.`| |`EXT P4:`|`COPY OF THE ORDER DATED 12.1.2015`| ||`IN WPC.NO.969/15 PASSED BY THIS`| ||`HON'BLE COURT.`| WP(C) NO. 8228 OF 2015 AND CONNECTED CASES ## 54 ## **`APPENDIX OF WP(C) 24629/2015`** ``` PETITIONER EXHIBITS EXHIBIT P1. COPY OF THE RELEVANT PAGES OF THE FINAL REPORT FILED BY THE INSPECTOR OF POLICE, ADIMALY AGAINST THE RESPONDENTS 4 AND 5. EXHIBIT P2. COPY OF THE DEMAND NOTICE UNDER SECTION 7 OF THE REVENUE RECOVERY ACT DATED 28.3.15 ISSUED TO THE PETITIONERS. EXHIBIT P3. COPY OF THE DEMAND NOTICE UNDER SECTION 34 OF THE REVENUE RECOVERY ACT DATED 28.3.15 ISSUED TO THE PETITIONERS. EXHIBIT P4. COPY OF THE ORDER DATED 12.1.15 IN WPC 969/15 PASSED BY THIS HONOURABLE COURT. ``` WP(C) NO. 8228 OF 2015 AND CONNECTED CASES ## 55 ## **`APPENDIX OF WP(C) 24630/2015`** ``` PETITIONER EXHIBITS EXHIBIT P1. COPY OF THE RELEVANT PAGE OF THE FINAL REPORT FILED BY THE INSPECTOR OF POLICE, ADIMALY AGAINST THE RESPONDENTS 4 AND 5. EXHIBIT P2. COPY OF THE DEMAND NOTICE UNDER SECTION 7 OF THE REVENUE RECOVERY ACT DATED 18.2.15 ISSUED TO THE PETITIONERS. EXHIBIT P3. COPY OF THE DEMAND NOTICE UNDER SECTION 34 OF THE REVENUE RECOVERY ACT DATED 18.2.15 ISSUED TO THE PETITIONERS. EXHIBIT P4. COPY OF THE ORDER DATED 12.1.15 IN WPC 969/15 PASSED BY THIS HONOURABLE COURT. ``` WP(C) NO. 8228 OF 2015 AND CONNECTED CASES ## 56 ## **`APPENDIX OF WP(C) 27247/2015`** ``` PETITIONER EXHIBITS EXT P1:-TRUE COPY OF THE RELEVANT PAGES OF THE FINAL REPORT FILED BY THE INSPECTOR OF POLICE, ADIMALY AGAINST THE RESPONDENTS 4 AND 5 EXT P2:-TRUE COPY OF THE DEMAND NOTICE UNDER SECTION 7 OF THE REVENUE RECOVERY ACT DTD 30/01/2015 ISSUED TO THE PETITIONERS ``` ``` EXT P3:-TRUE COPY OF THE DEMAND NOTICE UNDER SECTION 34 OF THE REVENUE RECOVERY ACT DTD 30/1/2015 ISSUED TO THE PETITIONERS ``` ``` EXT P4:-TRUE COPY OF THE ORDER DTD 19/8/2015 IN WPC NO 7200/2015 AND CONNECTED CASES PASSED BY THIS HON'BLE COURT ``` WP(C) NO. 8228 OF 2015 AND CONNECTED CASES ## 57 ## **`APPENDIX OF WP(C) 27664/2015`** ``` PETITIONER EXHIBITS ``` ``` EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF THE FINAL REPORT FILED BY THE INSPECTOR OF POLICE, ADIMALY AGAINST THE RESPONDENTS 4 AND 5 EXHIBIT P2 TRUE COPY OF THE DEMAND NOTICE UNDER SECTION 7 OF THE REVENUE RECOVERY ACT DATED 18-02-2015 ISSUED TO THE PETITIONERS ``` ``` EXHIBIT P3 TRUE COPY OF THE DEMAND NOTICE UNDER SECTION 34 OF THE REVENUE RECOVERY ACT DATED 18-02-2015 ISSUED TO THE PETITIONERS ``` ``` EXHIBIT P4 TRUE COPY OF THE ORDER DATED 19-08- 2015 IN W.P(C) NO 7200/2015 PASSED BY THIS HON'BLE COURT ``` WP(C) NO. 8228 OF 2015 AND CONNECTED CASES ## 58 ## **`APPENDIX OF WP(C) 30490/2015`** |`PETITIONER`|`EXHIBITS`| |---|---| |`EXT P1 :`|`TRUE COPY OF THE RELEVANT PAGES OF`| ||`THE FINAL REPORT FILED BY THE`| ||`INSPECTOR OF POLICE, ADIMALY`| ||`AGAINST THE RESPONDENTS 4 AND 5.`| |`EXT P2 :`|`TRUE COPY OF THE DEMAND NOTICE`| ||`UNDER SECTION 7 OF THE REVENUE`| ||`RECOVERY ACT DT 18-2-2015 ISSUED TO`| ||`THE PETITIONERS.`| |`EXT P3 :`|`TRUE COPY OF THE DEMAND NOTICE`| ||`UNDER SECTION 34 OF THE REVENUE`| ||`RECOVERY ACT DT 18-2-2015 ISSUED TO`| ||`THE PETITIONERS.`| |`EXT P4 :`|`TRUE COPY OF THE ORDER DT 19-8-2015`| ||`IN WPC.NO.7200/2015 PASSED BY THIS`| ||`HON'BLE COURT`| WP(C) NO. 8228 OF 2015 AND CONNECTED CASES ## 59 ## **`APPENDIX OF WP(C) 30504/2015`** ``` PETITIONER EXHIBITS EXT.P1.TRUE COPY OF THE RELEVANT PAGES OF THE FINAL REPORT FILED BY THE INSPECTOR OF POLICE, ADIMALY AGAINST THE RESPONDENT NO.4,5. EXT.P2.TRUE COPY OF THE DEMAND NOTICE U/S.7 OF THE REVENUE RECOVERY ACT DATED 23/3/2015 ISSUED TO THE PETITIONER EXT.P3.TRUE COPY OF THE DEMAND NOTICE U/S.34 OF THE REVENUE RECOVERY ACT DATED 23/3/2015 ISSUED TO THE PETITIONER EXT.P4.TRUE COPY OF THE ORDER DATED 19/8/2015 IN WPC NO.7200/2015 PASSED BY THIS HONOURABLE COURT. ``` WP(C) NO. 8228 OF 2015 AND CONNECTED CASES ## 60 ## **`APPENDIX OF WP(C) 36422/2015`** ``` PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF THE FINAL REPORT FILED BY THE INSPECTOR OF POLICE, ADIMALY AGAINST THE RESPONDENTS 4 AND 5 EXHIBIT P2 TRUE COPY OF THE DEMAND NOTICE UNDER SECTION 7 OF THE REVENUE RECOVERY ACT DATED 23-01-2015 ISSUED TO THE PETITIONERS ``` ``` EXHIBIT P3 TRUE COPY OF THE DEMAND NOTICE UNDER SECTION 34 OF THE REVENUE RECOVERY ACT DATED 23-01-2015 ISSUED TO THE PETITIONERS ``` ``` EXHIBIT P4 TRUE COPY OF THE ORDER DATED 12-1- 2015 IN W.P(C) NO 969/2015 PASSED BY THIS HON'BLE COURT ``` WP(C) NO. 8228 OF 2015 AND CONNECTED CASES 61 ## **`APPENDIX OF WP(C) 36425/2015`** ``` PETITIONER EXHIBITS EXT P1TRUE COPY OF THE RELEVANT PAGES OF THE FINAL REPORT FILED BY THE INSPECTOR OF POLICE, ADIMALY AGAINST THE RESPONDENTS 4 AND 5. EXT P2 TRUE COPY OF THE DEMAND NOTICE UNDER SECTION 7 OF THE REVENUE RECOVERY ACT DATED 23.01.2015 ISSUED TO THE PETITIONERS. EXT P3 TRUE COPY OF THE DEMAND NOTICE UNDER SECTION 34 OF THE REVENUE RECOVERY ACT DATED 23.01.2015 ISSUED TO THE PETITIONERS. EXT P4 TRUE COPY OF THE ORDER DATED 12.1.2015 IN WPC NO.969/2015 PASSED BY THIS HON'BLE COURT. ``` WP(C) NO. 8228 OF 2015 AND CONNECTED CASES 62 ## **`APPENDIX OF WP(C) 37093/2015`** |`PETITIONER`|`EXHIBITS`| |---|---| |`EXT.P-1:`|`TRUE COPY OF THE RELEVANT PAGES OF`| ||`THE FINAL REPORT FILED BY THE`| ||`INSPECTOR OF POLICE, ADIMALY`| ||`AGAINST THE RESPONDENTS 4 AND 5`| |`EXT.P-2:`|`TRUE COPY OF THE DEMAND NOTICE`| ||`UNDER SECTION 7 OF THE REVENUE`| ||`RECOVERY ACT DATED 22.1.2015 ISSUED`| ||`TO THE PETITIONERS`| |`EXT.P-3:`|`TRUE COPY OF THE DEMAND NOTICE`| ||`UNDER SECTION 34 OF REVENUE`| ||`RECOVERY ACT DATED 28.1.2015 ISSUED`| ||`TO THE PETITIONERS`| |`EXT.P-4:`|`TRUE COPY OF THE ORDER DATED`| ||`12.1.2015 IN WPC NO.969/15 PASSED`| ||`BY THIS HON'BLE COURT.`| WP(C) NO. 8228 OF 2015 AND CONNECTED CASES ## 63 ## **`APPENDIX OF WP(C) 37094/2015`** |`PETITIONER`|`EXHIBITS`| |---|---| |`EXT.P-1:`|`TRUE COPY OF THE RELEVANT PAGES OF`| ||`THE FINAL REPORT FILED BY THE`| ||`INSPECTOR OF POLICE, ADIMALY`| ||`AGAINST THE RESPONDENTS 4 & 5`| |`EXT.P-2:`|`TRUE COPY OF THE DEMAND NOTICE`| ||`UNDER SECTION 7 OF THE REVENUE`| ||`RECOVERY ACT DATED 23.1.2015 ISSUED`| ||`TO THE PETITIONERS`| |`EXT.P-3:`|`TRUE COPY OF THE DEMAND NOTICE`| ||`UNDER SECTION 34 OF THE REVENUE`| ||`RECOVERY ACT DATED 23.1.2015 ISSUED`| ||`TO THE PETITIONERS`| |`EXT.P-4:`|`TRUE COPY OF THE ORDER DATED`| ||`12.1.2015 IN WPC NO.969/15 PASSED`| ||`BY THIS HON'BLE COURT.`| WP(C) NO. 8228 OF 2015 AND CONNECTED CASES ## 64 ## **`APPENDIX OF WP(C) 36734/2016`** ``` PETITIONER EXHIBITS EXHIBITP1TRUE COPY OF THE RELVANT PAGES OF THE FINAL REPORT FILEDBY THE INSPECTOR OF POLICE, ADIMALY AGAINST THE RESPONDENTS 4 AND 5 EXHIBITP2TRUE COPY OF THE DEMAND NOTICE UNDER SECTION 7 OF THE REVENUE RECOVERY ACT DATED 26-09-2015 ISSUED TO THE PETTIIONERS EXHIBTIP3TRUE COPY OF THE DEMAND NOTICE UNDER SECTION 34 OF THE REVENUE RECOVERY ACT DATED 26-09-2015 ISSUED OT THE PETITIONERS EXHIBIT P4TRUE COPY OF THE ORDER DATED 12-01- 2015 IN W.P(C) NO.969/2015 PASSED BY THIS HON'BLE COURT ``` WP(C) NO. 8228 OF 2015 AND CONNECTED CASES ## 65 ## **`APPENDIX OF WP(C) 39371/2015`** ## `PETITIONER EXHIBITS` ``` EXT P1- TRUE COPY OF THE RELEVANT PAGES OF THE FINAL REPORT FILED BY THE INSPECTOR OF POLICE, ADIMALY AGAINST THE RESPONDENTS 4 AND 5 EXT P2- TRUE COPY OF THE DEMAND NOTICE UNDER SECTION 7 OF THE REVENUE RECOVERY ACT DATED 26.9.2015 ISSUED TO THE PETITONER EXT P3- TRUE COPY OF THE DEMAND NOTICE UNDER SECTION 34 OF THE REVENUE RECOVERY ACT DATED 26.9.2015 ISSUED TO THE PETITIONERS EXT P4- TRUE COPY OF THE ORDER DATED 12.1.2015 IN WP(C) NO.969/15 PASSED BY THIS HON'BLE COURT ``` WP(C) NO. 8228 OF 2015 AND CONNECTED CASES ## 66 ## **`APPENDIX OF WP(C) 39377/2015`** |`PETITIONER`|`EXHIBITS`| |---|---| |EXT`P1:-`|`TRUE COPY OF THE RELEVANT PAGES OF`| ||`THE FINAL REPORT FILED BY THE`| ||`INSPECTOT OF PO LICE, ADIMALY,`| ||`AGAINST THE RESPONDENT 4 AND 5`| |EXT`P2:-`|`TRUE COPY OF THE DEMAND NOTICE`| ||`UNDER SECTION 7 OF THE REVENUE`| ||`RECOVERY ACT DTD 26/9/2015 ISSUED`| ||`TO THE PETITIONER`| |EXT`P3:-`|`TRUE COPY OF THE DEMAND NOTICE`| ||`UNDER SECTION 34 OF THE REVENUE`| ||`RECOVERY ACT DTD 26/9/2015 ISSUED`| ||`TO THE PETITIONERS`| |EXT`P4:-`|`TRUE COPY OF THE ORDER DTD`| ||`12/1/2015 IN WPC NO 969/2015 PASSED`| ||`BY THIS HON'BLE COURT`| WP(C) NO. 8228 OF 2015 AND CONNECTED CASES 67 ## **`APPENDIX OF WP(C) 39378/2015`** |`PETITIONER`|`EXHIBITS`| |---|---| |`EXT P1:-`|`TRUE COPY OF THE RELEVANT PAGES OF`| ||`THE FINAL REPORT NO 588/2011 FILED`| ||`BY THE INSPECTOR OF POLICE,`| ||`ADIMALY, AGAINST THE RESPONDENT 4`| ||`AND 5`| |`EXT P2:-`|`TRUE COPY OF THE DEMAND NOTICE`| ||`UNDER SECTION 7 OF THE REVENUE`| ||`RECOVERY ACT DTD 21/1/2015 ISSUED`| ||`TO THE PETITIONER`| |`EXT P3:-`|`TRUE COPY OF THE DEMAND NOTICE`| ||`UNDER SECTION 34 OF THE REVENUE`| ||`RECOVERY ACT DTD 21/1/2015 ISSUED`| ||`TO THE PETITIONER`| |`EXT P4:-`|`TRUE COPY OF THE ORDER DTD`| ||`12/1/2015 IN WPC NO 969/2015 PASSED`| ||`BY THIS HON'BLE COURT`| WP(C) NO. 8228 OF 2015 AND CONNECTED CASES ## 68 ## **`APPENDIX OF WP(C) 39394/2015`** ``` PETITIONER EXHIBITS EXT.P-1: TRUE COPY OF THE RELVANT PAGES OF THE FINAL REPORT FILED BY THE INSPECTOR OF POLICE, ADIMALY AGAINST THE RESPONDNETS 4 & 5. EXT.P-2: TRUE COPY OF THE DEMAND NOTICE UNDER SECTION 7 OF THE REVENUE RECOVERY ACT DATED 28/09/15 ISSUED TO THE PETITIONERS. EXT.P-3: TRUE COPY OF THE DEMAND NOTICE UNDER SECTION 34 OF THE REVENUE RECOVERY ACT DATED 28/09/15 ISSUED TO THE PETITIONERS. EXT.P-4: TRUE COPY OF THE ORDER DATED 12/01/15 IN WP(C)NO.969/15 PASSED BY THIS HON'BLE COURT. ``` WP(C) NO. 8228 OF 2015 AND CONNECTED CASES ## 69 ## **`APPENDIX OF WP(C) 8228/2015`** ``` PETITIONER EXHIBITS EXHIBIT P1: TRUE COPY OF THE RELEVANT PAGES OF THE FINAL REPORT FILED BY THE INSPECTOR OF POLICE, ADIMALY AGAINST THE RESPONDENTS 4 AND 5 EXHIBIT P2: TRUE COPY OF THE DEMAND NOTICE UNDER SECTION 7 OF THE REVENUE RECOVERY ACT DATED 4.12.2014 ISSUED TO THE PETITIONERS EXHIBIT P3: TRUE COPY OF THE DEMAND NOTICE UNDER SECTION 34 OF THE REVENUE RECOVERY ACT DATED 4.12.2014 ISSUED TO THE PETITIONERS EXHIBIT P4: TRUE COPY OF THE ORDER DATED 12.1.2015 IN WPC NO.969/15 PASSED BY THIS HONOURBALE COURT ```