WP(C).No.6663/2015 & Con.cases (Consolidated)

CR ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **FRIDAY, THE 28TH DAY OF JUNE 2019 / 7TH ASHADHA, 1941** ## **WP(C).No.6663 of 2015** ## **PETITIONERS:** |**1**||**SAM J MATHEWS,**| |---|---|---| |||**S/O. JOSEPH MATHEW, THADATHIL HOUSE,**| |||**INDIRA NAGAR, IST AVENUE, KUNNAMKULAM,**| |||**TRICHUR.**| |**2**||**SUBBAN SUSAN JOSEPH,**| |||**W/O. BOBBY MATHEW GEORGE, THADATHIL HOUSE,**| |||**INDIRA NAGAR, IST AVENUE, KUNNAMKULAM,**| |||**TRICHUR.**| |||**BY ADVS.**| |||**SRI.H.HAMZA ROWTHER**| |||**SRI.V.K.PEERMOHAMED KHAN**| |**RESPONDENTS**<br>**:**||| |**1**||**DEPUTY TAHSILDAR (RR),**| |||**TALUK OFFICE, THALAPALLY,**| |||**TRICHUR - 680 001.**| |**2**||**STATE BANK OF TRAVANCORE,**| |||**TRICHUR MAIN BRANCH,**| |||**REPRESENTED BY ITS BRANCH MANAGER,**| |||**TRICHUR - 680 001.**| |||**BY ADVS.**| |||**SRI.K.JAYESH MOHANKUMAR**| |||**SRI.PUSHPARAJAN KODOTH**| |||**SRI.T.SETHUMADHAVAN (SR.)**| |||**SRI.BIMAL K.NATH SR GP**| **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.06.2019, ALONG WITH WP(C).1255/2019, WP(C).2435/2019, WP(C).6671/2018, WP(C).6874/2018, WP(C).9962/2018, WP(C).14203/2019, WP(C).16451/2017, WP(C).19972/2018, WP(C).23036/2018, WP(C).29410/2017, WP(C).34703/2017, WP(C).34704/2017, WP(C).34705/2017, WP(C).35959/2016, WP(C).36723/2015, WP(C).37813/2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.6663/2015 & Con.cases** **2** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **FRIDAY, THE 28TH DAY OF JUNE 2019 / 7TH ASHADHA, 1941** ## **WP(C).No.36723 of 2015** ## **PETITIONER:** **MUHAMED EBRAHIM V.K, RESIDING AT VADAKKEDATH HOUSE, NADAKKAL P.O., ERATTUPETTA, KOTTAYAM DISTRICT, PROPRIETOR, GALAXY WOODS, VELIYANAD P.O., PEPPATHY, ERNAKULAM DISTRICT.** **BY ADVS. SRI.H.HAMZA ROWTHER SRI.V.K.PEERMOHAMED KHAN** ## **RESPONDENTS:** - **1 THE DEPUTY TAHSILDAR (R.R), TALUK OFFICE, KANAYANNUR TALUK, ERNAKULAM-682 011.** - **2 CANARA BANK, REPRESENTED BY ITS MANAGER, ARAKUNNAM BRANCH, ERNAKULAM DISTRICT-682 313.** **SRI.BIMAL K.NATH SR GP SRI.P.M.MURICKEN SC** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.06.2019, ALONG WITH WP(C).6663/2015, WP(C).35959/2016, WP(C).37813/2016, WP(C).16451/2017, WP(C).29410/2017, WP(C).34703/2017, WP(C).34705/2017, WP(C).34704/2017, WP(C).6671/2018, WP(C).6874/2018, WP(C).9962/2018, WP(C).19972/2018, WP(C).23036/2018, WP(C).1255/2019, WP(C).2435/2019, WP(C).14203/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.6663/2015 & Con.cases** **3** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **FRIDAY, THE 28TH DAY OF JUNE 2019 / 7TH ASHADHA, 1941** **WP(C).No.35959 of 2016** ## **PETITIONER:** **R.PREMCHAND, SON OF RAMACHANDRAN NAIR, SKYLINE MELODY, DPI JUNCTION, THIRUVANANTHAPURAM.** **BY ADVS. SRI.S.EASWARAN SRI.M.A.AUGUSTINE SRI.P.MURALEEDHARAN (IRIMPANAM) SRI.P.SREEKUMAR (THOTTAKKATTUKARA) SMT SOUMYA JAMES** ## **RESPONDENTS:** **1 THE DEPUTY TAHSILDAR (RR), TALUK OFFICE, THIRUVANANTHAPURAM-695 001.** **2 THE CANARA BANK, ARM BRANCH, IIND FLOOR, SHENOY CHAMBERS, SHANMUGHOM ROAD, ERNAKULAM, KOCHI-682 031, REPRESENTED BY ITS CHIEF MANAGER.** **BY ADVS.** **SRI.BIMAL K.NATH SR GP SRI.GOPINATHA MENON SC** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.06.2019, ALONG WITH WP(C).6663/2015, WP(C).36723/2015, WP(C).37813/2016, WP(C).16451/2017, WP(C).29410/2017, WP(C).34703/2017, WP(C).34705/2017, WP(C).34704/2017, WP(C).6671/2018, WP(C).6874/2018, WP(C).9962/2018, WP(C).19972/2018, WP(C).23036/2018, WP(C).1255/2019, WP(C).2435/2019, WP(C).14203/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.6663/2015 & Con.cases** **4** # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **FRIDAY, THE 28TH DAY OF JUNE 2019 / 7TH ASHADHA, 1941** ## **WP(C).No.37813 of 2016** ## **PETITIONER:** **RANJITH M.J., AGED 38 YEARS, S/O. JACOB M.L, MALIYEKKAL MADATHUMPADY HOUSE, KAINOOR P.O., THRISSUR.** **BY ADV. SRI.V.K.PEERMOHAMED KHAN** ## **RESPONDENTS:** **1 DEPUTY TAHSILDAR (RR), THRISSUR TALUK, THRISSUR -20.** **2 PUNJAB NATIONAL BANK REP. BY ITS MANAGER, PUDUKKAD BRANCH, PB NO. 9, THRISSUR DISTRICT, PIN - 680301.** **BY ADV. SRI.C.AJITH KUMAR SRI.BIMAL K.NATH SR GP SRI.SANTHEEP ANKANTH SC** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.06.2019, ALONG WITH WP(C).6663/2015, WP(C).36723/2015, WP(C).35959/2016, WP(C).16451/2017, WP(C).29410/2017, WP(C).34703/2017, WP(C).34705/2017, WP(C).34704/2017, WP(C).6671/2018, WP(C).6874/2018, WP(C).9962/2018, WP(C).19972/2018, WP(C).23036/2018, WP(C).1255/2019, WP(C).2435/2019, WP(C).14203/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.6663/2015 & Con.cases** **5** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **FRIDAY, THE 28TH DAY OF JUNE 2019 / 7TH ASHADHA, 1941** **WP(C).No.16451 of 2017** ## **PETITIONERS:** - **1 K.V.KURIAN, S/O. VARKEY K.I., KARIMBANAL HOUSE, KANJIRAPALLY P.O., KOTTAYAM DISTRICT.** - **2 ROSE KURIAN, W/O. K.V. KURIAN, KARIMBANAL HOUSE, KANJIRAPALLY P.O., KOTTAYAM DISTRICT.** - **3 RENJU KURIAN, S/O.K.V. KURIAN, KARIMBANAL HOUSE, KANJIRAPALLY P.O., KOTTAYAM DISTRICT.** - **4 GEORGE KURIAN, KARIMBANAL HOUSE, KANJIRAPALLY, KOTTAYAM DISTRICT.** - **BY ADV. SRI.V.K.PEERMOHAMED KHAN** ## **RESPONDENTS:** - **1 CANARA BANK, HI TECH AGRI FINANCE BRANCH, KOTTAYAM, REPRESENTED BY ITS MANAGER-686001.** - **2 THE DISTRICT COLLECTOR, KOTTAYAM-686001.** - **3 THE TAHSILDAR, KANJIRAPALLY TALUK, KOTTAYAM DISTRICT-686507.** - **4 THE TAHSILDAR, PEERUMEDU TALUK, IDUKKI DISTRICT.** - **5 THE GOVERNMENT OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY,** **WP(C).No.6663/2015 & Con.cases** **6** **REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURA-695001.** **BY ADVS. SRI.BIMAL K.NATH SR GP SRI.P.GOPINATH MENON, SC, CANARA BANK** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.06.2019, ALONG WITH WP(C).6663/2015, WP(C).36723/2015, WP(C).35959/2016, WP(C).37813/2016, WP(C).29410/2017, WP(C).34703/2017, WP(C).34705/2017, WP(C).34704/2017, WP(C).6671/2018, WP(C).6874/2018, WP(C).9962/2018, WP(C).19972/2018, WP(C).23036/2018, WP(C).1255/2019, WP(C).2435/2019, WP(C).14203/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.6663/2015 & Con.cases** **7** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **FRIDAY, THE 28TH DAY OF JUNE 2019 / 7TH ASHADHA, 1941** **WP(C).No.29410 of 2017** ## **PETITIONERS:** **1 DR. MAHFOOZ RAHIM, AGED 52, S/O SAITHALAVI, KAPPUNGAL HOUSE, EDATHANATTUKARA-678601, ALANALLOR -3 VILLAGE, MANNARKKAD TALUK, PALAKKAD DISTRICT. 2 SMT. SULAIKHA K, AGED 48, W/O DR.MAHFOOZ RAHIM, KAPPUNGAL HOUSE,EDATHANATTUKARA-678601, ALANALLOR -3 VILLAGE, MANNARKKAD TALUK, PALAKKAD DISTRICT.** **BY ADV. SRI.VARGHESE C.KURIAKOSE RESPONDENTS: 1 STATE OF KERALA REP. BY SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM. 2 THE LAND REVENUE COMMISSIONER, O/o THE LAND REVENUE COMMISSIONER, STATE OF KERALA, PUBLIC OFFICE BUILDING, NEAR MUSEUM, TRIVANDRUM-695033. 3 THE DISTRICT COLLECTOR, PALAKKAD DISTRICT PIN-678013. 4 THE DEPUTY TAHSILDAR, REVENUE RECOVERY, MANNARKKAD TALUK, MANNARKKAD-678762. 5 THE VILLAGE OFFICER ALANALLUR-3 VILLAGE, ALANALLORE, MANNARKKAD TALUK, PALAKKAD DIST.678601.** **WP(C).No.6663/2015 & Con.cases** **8** **6 THE MANAGER, STATE BANK OF INDIA, SME BRANCH, THRISSUR. PIN.680001.** **SRI.BIMAL K.NATH SR GP SRI.JAICE JACOB SC** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.06.2019, ALONG WITH WP(C).6663/2015, WP(C).36723/2015, WP(C).35959/2016, WP(C).37813/2016, WP(C).16451/2017, WP(C).34703/2017, WP(C).34705/2017, WP(C).34704/2017, WP(C).6671/2018, WP(C).6874/2018, WP(C).9962/2018, WP(C).19972/2018, WP(C).23036/2018, WP(C).1255/2019, WP(C).2435/2019, WP(C).14203/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.6663/2015 & Con.cases** **9** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **FRIDAY, THE 28TH DAY OF JUNE 2019 / 7TH ASHADHA, 1941** **WP(C).No.34703 of 2017** ## **PETITIONERS:** |**1**|**DR.MAHFOOZ RAHIM,**| |---|---| ||**AGED 52, S/O.SAITHALAVI, KAPPUNGAL HOUSE,**| ||**EDATHANATTUKARA - 678 601, ALANALLOR - 3 VILLAGE,**| ||**MANNARKKAD TALUK, ALAKKAD DISTRICT.**| |**2**|**SMT.SULAIKHA K.,**| ||**AGED 48, W/O.DR.MAHFOOZ RAHIM, KAPPUNGAL HOUSE,**| ||**EDATHANATTUKARA - 678 601, ALANALLOR - 3 VILLAGE,**| ||**MANNARKKAD TALUK, PALAKKAD DISTRICT.**| **BY ADVS. SRI.VARGHESE C.KURIAKOSE SMT.SEENU SADIQUE SMT.K.O MANUEL(KOPRAMB) SRI.P.J.JOSE** ## **RESPONDENTS:** |**1**|**STATE OF KERALA REPRESENTED BY SECRETARY,**| |---|---| ||**DEPARTMENT OF REVENUE,SECRETARIAT,**| ||**THIRUVANANTHAPURAM - 695 001.**| |**2**|**THE LAND REVENUE COMMISSIONER,**| ||**O/o. THE LAND REVENUE COMMISSIONER,**| ||**STATE OF KERALA, PUBLIC OFFICE BUILDING,**| ||**NEAR MUSEUM, TRIVANDRUM - 695 033.**| |**3**|**THE DISTRICT COLLECTOR,**| ||**PALAKKAD DISTRICT PIN - 678 013.**| |**4**|**THE DEPUTY TAHSILDAR,**| ||**REVENUE RECOVERY, MANNARKKAD TALUK,**| ||**MANNARKKAD - 678 762.**| **WP(C).No.6663/2015 & Con.cases** **10** **5 THE VILLAGE OFFICER, ALANALLUR - 3 VILLAGE, ALANALLORE, MANNARKKAD TALUK,PALAKKAD DISTRICT - 678 601. 6 THE MANAGER, STATE BANK OF INDIA, SME BRANCH, THRISSUR,PIN - 680 001. SRI.BIMAL K.NATH SR GP SRI.JAICE JACOB SC** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.06.2019, ALONG WITH WP(C).6663/2015, WP(C).36723/2015, WP(C).35959/2016, WP(C).37813/2016, WP(C).16451/2017, WP(C).29410/2017, WP(C).34705/2017, WP(C).34704/2017, WP(C).6671/2018, WP(C).6874/2018, WP(C).9962/2018, WP(C).19972/2018, WP(C).23036/2018, WP(C).1255/2019, WP(C).2435/2019, WP(C).14203/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.6663/2015 & Con.cases** **11** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **FRIDAY, THE 28TH DAY OF JUNE 2019 / 7TH ASHADHA, 1941** **WP(C).No.34704 of 2017** ## **PETITIONERS:** **1 DR. MAHFOOZ RAHIM, AGED 52, S/O SAITHALAVI, KAPPUNGAL HOUSE, EDATHANATTUKARA-678 601 ALANALLOR-3 VILLAGE, MANNARKKAD TALUK, PALAKKAD DISTRICT. 2 SMT. SULAIKHA. K, AGED 48, W/O DR.MAHFOOZ RAHIM,KAPPUNGAL HOUSE, EDATHANATTUKARA-678 601, ALANALLOR-3 VILLAGE, MANNARKKAD TALUK, PALAKKAD DISTRICT.** **BY ADVS. SRI.VARGHESE C.KURIAKOSE SMT.SEENU SADIQUE SRI.P.J.JOSE SMT.K.O MANUEL(KOPRAMB)** ## **RESPONDENTS:** |**1**|**STATE OF KERALA REP. BY SECRETARY,**| |---|---| ||**DEPARTMENT OF REVENUE, SECRETARIAT,**| ||**THIRUVANANTHAPURAM-695 001.**| |**2**|**THE LAND REVENUE COMMISSIONER,**| ||**O/o THE LAND REVENUE COMMISSIONER,**| ||**STATE OF KERALA, PUBLIC OFFICE BUILDING,**| ||**NEAR MUSEUM, TRIVANDRUM-695 033.**| |**3**|**THE DISTRICT COLLECTOR,**| ||**PALAKKAD DISTRICT PIN-678 013.**| |**4**|**THE DEPUTY TAHSILDAR,**| ||**REVENUE RECOVERY, MANNARKKAD TALUK,**| ||**MANNARKKAD-678 762.**| **WP(C).No.6663/2015 & Con.cases** **12** **5 THE VILLAGE OFFICER, ALANALLUR-3 VILLAGE, ALANALLORE, MANNARKKAD TALUK, PALAKKAD DISTRICT-678 601.** **6 THE MANAGER, STATE BANK OF INDIA, SME BRANCH, T HRISSUR,PIN-680 001.** **SRI.BIMAL K.NATH SR GP SRI.JAICE JACOB SC** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.06.2019, ALONG WITH WP(C).6663/2015, WP(C).36723/2015, WP(C).35959/2016, WP(C).37813/2016, WP(C).16451/2017, WP(C).29410/2017, WP(C).34703/2017, WP(C).34705/2017, WP(C).6671/2018, WP(C).6874/2018, WP(C).9962/2018, WP(C).19972/2018, WP(C).23036/2018, WP(C).1255/2019, WP(C).2435/2019, WP(C).14203/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.6663/2015 & Con.cases** **13** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **FRIDAY, THE 28TH DAY OF JUNE 2019 / 7TH ASHADHA, 1941** **WP(C).No.34705 of 2017** ## **PETITIONERS:** |**1**||**DR. MAHFOOZ RAHIM,**| |---|---|---| |||**AGED 52, S/O. SAITHALAVI, KAPPUNGAL HOUSE,**| |||**EDATHANATTUKARA - 678 601, ALANALLOR - 3 VILLAGE,**| |||**MANNARKKAD TALUK, PALAKKAD.**| |**2**||**SMT. SULAIKHA K.,**| |||**AGED 48, W/O. DR. MAHFOOZ RAHIM, KAPPUNGAL HOUSE,**| |||**EDATHANATTUKARA - 678 601, ALANALLOR - 3 VILLAGE,**| |||**MANNARKKAD TALUK, PALAKKAD.**| |||**BY ADV. SRI.VARGHESE C.KURIAKOSE**| |**RESPONDENTS**<br>**:**||| |**1**||**STATE OF KERALA REP. BY SECRETARY,**| |||**DEPARTMENT OF REVENUE, SECRETARIAT,**| |||**THIRUVANANTHAPURAM.**| |**2**||**THE LAND REVENUE COMMISSIONER,**| |||**O/o THE LAND REVENUE COMMISSIONER,**| |||**STATE OF KERALA, PUBLIC OFFICE BUILDING,**| |||**NEAR MUSEUM, TRIVANDRUM - 695 033.**| |**3**||**THE DISTRICT COLLECTOR,**| |||**PALAKKAD - 678 013.**| |**4**||**THE DEPUTY TAHSILDAR,**| |||**REVENUE RECOVERY, MANNARKKAD TALUK,**| |||**MANNARKKAD - 678 762.**| |**5**||**THE VILLAGE OFFICER,**| |||**ALANALLUR - 3 VILLAGE, ALANALLORE,**| |||**MANNARKKAD TALUK, PALAKKAD DISTRICT - 678 601.**| **WP(C).No.6663/2015 & Con.cases** **14** **6 THE MANAGER, STATE BANK OF INDIA, SME BRANCH, THRISSUR - 680 001.** **SRI.BIMAL K.NATH SR GP SRI.JAICE JACOB SC** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.06.2019, ALONG WITH WP(C).6663/2015, WP(C).36723/2015, WP(C).35959/2016, WP(C).37813/2016, WP(C).16451/2017, WP(C).29410/2017, WP(C).34703/2017, WP(C).34704/2017, WP(C).6671/2018, WP(C).6874/2018, WP(C).9962/2018, WP(C).19972/2018, WP(C).23036/2018, WP(C).1255/2019, WP(C).2435/2019, WP(C).14203/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.6663/2015 & Con.cases** **15** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **FRIDAY, THE 28TH DAY OF JUNE 2019 / 7TH ASHADHA, 1941** **WP(C).No.6671 of 2018** ## **PETITIONER:** **KESAVAN NAMBOOTHIRI, S/O.VISHNU NAMBOOTHIRI, CHERUVALLIL MADOM, MUTTOM P.O., KOTTACKAKAM, HARIPAD, ALAPPUZHA DISTRICT-690511.** **BY ADVS. SRI.M.A.AUGUSTINE SMT.S.S.JAYAKALA SRI.VARUGHESE CHERIAN** ## **RESPONDENTS:** **1 THE DISTRICT COLLECTOR, ALAPPUZHA DISTRICT, ALAPPUZHA DISTRICT-688001. 2 THE DEPUTY TAHSILDAR (RR), KARTHIKAPILLY TALUK, ALAPPUZHA DISTRICT-688001. 3 CANARA BANK, IRINJALAKUDA BRANCH, IRINJALAKUDA, THRISSUR DISTRICT-680121, REPRESENTED BY ITS MANAGER.** **BY ADVS. SRI.M.GOPIKRISHNAN NAMBIAR SRI.JOSON MANAVALAN SRI.K.JOHN MATHAI SRI.KURYAN THOMAS SRI.PAULOSE C. ABRAHAM SRI.P.GOPINATHA MENON (SR.) SRI.BIMAL K.NATH SR GP** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.06.2019, ALONG WITH WP(C).6663/2015, WP(C).36723/2015, WP(C).35959/2016, WP(C).37813/2016, WP(C).16451/2017, WP(C).29410/2017, WP(C).34703/2017, WP(C).34705/2017, WP(C).34704/2017, WP(C).6874/2018, WP(C).9962/2018, WP(C).19972/2018, WP(C).23036/2018, WP(C).1255/2019, WP(C).2435/2019, WP(C).14203/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.6663/2015 & Con.cases** **16** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **FRIDAY, THE 28TH DAY OF JUNE 2019 / 7TH ASHADHA, 1941** **WP(C).No.6874 of 2018** ## **PETITIONER:** **ANILKUMAR P.T, S/O THANKAPPAN, AGED 52 YEARS, GREENVIEW HOUSE, KARIYILAKULANGARA, KEERIKKAD VILLAGE, ALAPPUZHA-690 572.** **BY ADVS. SRI.M.A.AUGUSTINE SMT.S.S.JAYAKALA SRI.VARUGHESE CHERIAN** ## **RESPONDENTS:** - **1 STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, TRIVANDRUM-695001.** - **2 THE DISTRICT COLLECTOR, CIVIL STATION, ALAPPUZHA-688001.** - **3 THE DEPUTY TAHSILDAR (RR), KARTHIKAPPALLY TALUK, ALAPPUZHA DISTRICT-690516.** - **4 THE VILLAGE OFFICER, KEERIKKAD VILLAGE, KARTHIKAPPALLY TALUK, ALAPPUZHA DISTRICT-690516.** - **5 THE MANAGER/THE AUTHORISED OFFICER, CANARA BANK, IRINJALAKUDA, THRISSUR DISTRICT-680121.** **BY ADVS. SRI.PAULY MATHEW MURICKEN,SC,CANARA BAN SRI.BIMAL K.NATH SR GP** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.06.2019, ALONG WITH WP(C).6663/2015, WP(C).36723/2015, WP(C).35959/2016, WP(C).37813/2016, WP(C).16451/2017, WP(C).29410/2017, WP(C).34703/2017, WP(C).34705/2017, WP(C).34704/2017, WP(C).6671/2018, WP(C).9962/2018, WP(C).19972/2018, WP(C).23036/2018, WP(C).1255/2019, WP(C).2435/2019, WP(C).14203/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.6663/2015 & Con.cases** **17** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **FRIDAY, THE 28TH DAY OF JUNE 2019 / 7TH ASHADHA, 1941** ## **WP(C).No.9962 of 2018** ## **PETITIONER:** **P.S.SHAN, S/O. SHAHUL HAMEED, ALUNKAL VELI, CMC – 26, CHERTHALA, ALAPPUZHA DISTRICT - 688 524. BY ADV. SRI.V.K.PEERMOHAMED KHAN** ## **RESPONDENTS:** **1 THE STATE BANK OF INDIA, REPRESENTED BY ITS MANAGER, STRESSED ASSETS RECOVERY BRANCH, 1ST FLOOR, 'SANGAMAM', GENERAL HOSPITAL ROAD, THIRUVANANTHAPURAM - 695 001. 2 THE DISTRICT COLLECTOR, ALAPPUZHA, COLLECTORATE, ALAPPUZHA - 688 001. 3 THE TAHSILDAR REVENUE RECOVERY, CHERTHALA TALUK, ALAPPUZHA DISTRICT - 688 524. SRI.BIMAL K.NATH SR GP SRI.R.S. KALKURA SC** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.06.2019, ALONG WITH WP(C).6663/2015, WP(C).36723/2015, WP(C).35959/2016, WP(C).37813/2016, WP(C).16451/2017, WP(C).29410/2017, WP(C).34703/2017, WP(C).34705/2017, WP(C).34704/2017, WP(C).6671/2018, WP(C).6874/2018, WP(C).19972/2018, WP(C).23036/2018, WP(C).1255/2019, WP(C).2435/2019, WP(C).14203/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.6663/2015 & Con.cases** **18** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **FRIDAY, THE 28TH DAY OF JUNE 2019 / 7TH ASHADHA, 1941** **WP(C).No.19972 of 2018** ## **PETITIONERS:** - **1 NOUSHAD S., S/O SHARAFUDEEN, JJ HOUSE, VARKALA, VETTIYARA.P.O, PIN-695603.** - **2 KIRAN.P.P, S/O PRAKASHAN PALLATH HOUSE, PERINJANAM, THRISSUR DISTRICT, PIN-680 686.** - **3 RAMLA BEEVI, W/O SHARAFUDEEN, SAJEER MANZIL, VALAKKAD, ELAMBA, PIN-695 103.** **BY ADVS. SRI.M.A.AUGUSTINE SMT.S.S.JAYAKALA SRI.VARUGHESE CHERIAN** ## **RESPONDENTS:** **1 DEPUTY TAHSILDAR (RR), VARKALA TALUK, THIRUVANANTHAPURAM DISTRICT-695 001. 2 CANARA BANK, IRINJALAKKUDA BRANCH, IRINJALAKKUDA, THRISSUR DISTRICT-680 121 REPRESENTED BY ITS MANAGER.** **SRI.BIMAL K.NATH SR GP SRI.P.GOPINATHA MENON (SR.) SC** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.06.2019, ALONG WITH WP(C).6663/2015, WP(C).36723/2015, WP(C).35959/2016, WP(C).37813/2016, WP(C).16451/2017, WP(C).29410/2017, WP(C).34703/2017, WP(C).34705/2017, WP(C).34704/2017, WP(C).6671/2018, WP(C).6874/2018, WP(C).9962/2018, WP(C).23036/2018, WP(C).1255/2019, WP(C).2435/2019, WP(C).14203/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.6663/2015 & Con.cases** **19** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **FRIDAY, THE 28TH DAY OF JUNE 2019 / 7TH ASHADHA, 1941** **WP(C).No.23036 of 2018** ## **PETITIONER:** **THRIVIKRAMA PANICKER, AGED 70 YEARS, S/O.N.DIVAKARAN, MUTHIRAZHAKATH HOUSE, MEERA NAGAR, MUNDAKAL EAST, PIN-691001, KOLLAM.** **BY ADVS. SRI.M.A.AUGUSTINE SMT.S.S.JAYAKALA SRI.VARUGHESE CHERIAN** ## **RESPONDENTS:** **1 THE DEPUTY TAHSILDAR (RR), KOLLAM TALUK, KOLLAM DISTRICT-691001. 2 CANARA BANK, IRINJALAKUDA BRANCH, IRINJALAKUDA, THRISSUR DISTRICT-680121, REPRESENTED BY ITS MANAGER.** **SRI.BIMAL K.NATH SR GP SRI.P.GOPINATHA MENON (SR.) SC** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.06.2019, ALONG WITH WP(C).6663/2015, WP(C).36723/2015, WP(C).35959/2016, WP(C).37813/2016, WP(C).16451/2017, WP(C).29410/2017, WP(C).34703/2017, WP(C).34705/2017, WP(C).34704/2017, WP(C).6671/2018, WP(C).6874/2018, WP(C).9962/2018, WP(C).19972/2018, WP(C).1255/2019, WP(C).2435/2019, WP(C).14203/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.6663/2015 & Con.cases** **20** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **FRIDAY, THE 28TH DAY OF JUNE 2019 / 7TH ASHADHA, 1941** ## **WP(C).No.1255 of 2019** ## **PETITIONERS:** **1 MANOO PAULOSE, AGED 32 YEARS, S/O.PUSHPA THOTTATHIL, 33/2461, A2, KAKUZHI PARAMBA, N.P.ROAD, MARIKUNNU P.O., CALICUT-673012, NOW RESIDING AT 33/2388 A1, SETHU'S HOUSE, VAPPOLITHAZHAM, MARIKUNNU POST, CALICUT-673012. 2 PUSHPA THOTTATHIL, AGED 61 YEARS, W/O.IYPE PAULOSE, 33/2388 A1, SETHU'S HOUSE, VAPPOLITHAZHAM, MARIKUNNU POST, CALICUT-673012.** **BY ADV. SRI.V.K.PEERMOHAMED KHAN** ## **RESPONDENTS:** - **1 STATE BANK OF INDIA, REPRESENTED BY ITS MANAGER, RASMECC, KALLAI HEIGHTS, KOZHIKODE.** - **2 THE DISTRICT COLLECTOR, KOZHIKODE, COLLECTORATE, KOZHIKODE.** - **3 THE TAHSILDAR, REVENUE RECOVERY, KOZHIKODE TALUK, KOZHIKODE DISTRICT.** **BY ADV. SRI.JITESH MENON, SC, SBI SRI.BIMAL K.NATH SR GP** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.06.2019, ALONG WITH WP(C).6663/2015, WP(C).36723/2015, WP(C).35959/2016, WP(C).37813/2016, WP(C).16451/2017, WP(C).29410/2017, WP(C).34703/2017, WP(C).34705/2017, WP(C).34704/2017, WP(C).6671/2018, WP(C).6874/2018, WP(C).9962/2018, WP(C).19972/2018, WP(C).23036/2018, WP(C).2435/2019, WP(C).14203/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.6663/2015 & Con.cases** **21** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **FRIDAY, THE 28TH DAY OF JUNE 2019 / 7TH ASHADHA, 1941** ## **WP(C).No.2435 of 2019** ## **PETITIONER:** **ASHRAF.K.V., S/O K.V.ABDULLA KAROOT, VALAPPIL HOUSE, VIA., PATTAMBI-697311.** **BY ADVS. SRI.S.EASWARAN SMT.SOUMYA JAMES SRI.M.A.AUGUSTINE SRI.P.MURALEEDHARAN (IRIMPANAM) SRI.P.SREEKUMAR (THOTTAKKATTUKARA)** ## **RESPONDENTS:** **1 THE DEPUTY TAHSILDAR, TALUK OFFICE, PATTAMBI.-697 311. 2 HDFC BANK, RETAIL LOAN SERVICE CENTRE, SUHARSHA TOWERS, NEAR CO-OPERATIVE HOSPITAL, SHORANUR ROAD, TRICHUR – 680 001. 3 THE VILLAGE OFFICER, CHALAVARA VILLAGE, CHALAVARA – 680 002..** **BY ADV. SRI.T.RAJESH, SC, HDFC BANK LTD. SRI.BIMAL K.NATH SR GP** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.06.2019, ALONG WITH WP(C).6663/2015, WP(C).36723/2015, WP(C).35959/2016, WP(C).37813/2016, WP(C).16451/2017, WP(C).29410/2017, WP(C).34703/2017, WP(C).34705/2017, WP(C).34704/2017, WP(C).6671/2018, WP(C).6874/2018, WP(C).9962/2018, WP(C).19972/2018, WP(C).23036/2018, WP(C).1255/2019, WP(C).14203/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.6663/2015 & Con.cases** **22** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **FRIDAY, THE 28TH DAY OF JUNE 2019 / 7TH ASHADHA, 1941** **WP(C).No.14203 of 2019** ## **PETITIONER:** > **1. JISHNU V.DEV, AGED 38 YEARS, S/O VASHUDEVAN NAMBOODIRI, EDAMANA ILLAM, VALLICHIRA, EDANAD P.O., MEENACHIL, KOTTAYAM – 686 574.** > **2. VIOLIN SRADHA, C/O JANIKA DESIGNER BOUTHIQUE, TMC 23 421, VAIKOM ROAD, KANNANKULANGARA, ERNAKULAM – 682 301.** **BY ADVS. SRI.V.K.PEERMOHAMED KHAN MUHAMMED JANAISE V** ## **RESPONDENTS:** > **1. CANARA BANK, TRIPUNITHURA BRANCH, CANARA BANK BUILDING, OPPOSITE NEW BUS STAND, THRIPOONITHURA, ERNAKULAM – 682 301.** > **2. THE DISTRICT COLLECTOR, KOTTAYAM, COLLECTORATE, KOTTAYAM – 1.** > **3. THE TAHSILDAR, REVENUE RECOVERY, MEENACHIL TALUK, PALA, KOTTAYAM – 686 574.** **BY ADV. SRI.M.R.GOPALAKRISHNAN NAIR SRI. BIMAL K NATH SR GP** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.06.2019, ALONG WITH WP(C).6663/2015, WP(C).36723/2015, WP(C).35959/2016, WP(C).37813/2016, WP(C).16451/2017, WP(C).29410/2017, WP(C).34703/2017, WP(C).34705/2017, WP(C).34704/2017, WP(C).6671/2018, WP(C).6874/2018, WP(C).9962/2018, WP(C).19972/2018, WP(C).23036/2018, WP(C).1255/2019, WP(C).2435/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.6663/2015 & Con.cases** **23** ## **JUDGMENT** These cases, though presenting varied facts and nuances, are nevertheless concatenated by a common prayer: in all of them are impugned the action taken by various Banks for recovery of amounts over Rs.10 lakhs (Rupees One Million), allegedly due from the petitioners, under the provisions of the Revenue Recovery Act (hereinafter referred to as the “RR Act” for ease). 2. While the petitioners in these cases, who are all admittedly borrowers and guarantors of loans of more than Rs.10 lakhs availed from the respondent-Banks, assert that on account of the specific provisions under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, now rechristened as Recovery of Debts and Bankruptcy Act, 1993 (hereinafter referred to as the “RDB Act” for short), no requisition for recovery of such amounts can be made by the Banks under the provisions of the RR Act; the Banks on the contrary, maintain that their option to recover amounts from the borrowers/guarantors, through the various channels/methods legally available to them, including under **WP(C).No.6663/2015 & Con.cases** **24** RR Act, is implicit and therefore, that even if other remedies under other statutes are available, they are still at liberty to make a requisition to the Competent Authorities under the RR Act, provided the loans are once that fall within the umbra of Section 71 of the said Act. 3. I have heard Sri.Varghese C.Kuriakose, Sri.S.Easwaran, Sri.V.K.Peermohamed Khan and Sri.M.A.Augustine, the learned counsel appearing for the petitioners in the various writ petitions and Sri.A.S.P.Kurup, Sri.Gopalakrishnan Nair, Sri.M.Gopikrishnan Nambiar, Sri.V.B Harinarayan and Sri.Pauly Mathew Muricken, the learned Standing Counsel for the respondent-Banks. 4. Sri.S.Easwaran, the learned counsel appearing for the petitioners in some of these matters, opened his submissions by showing me that under Section 17 of the RDB Act, only the Tribunal constituted under it, namely, the Debts Recovery Tribunal (hereinafter referred to as “DRT” for short) shall have the jurisdiction to entertain and decide applications from Banks and Financial Institutions for recovery of debts due to them. He then took me to Section 18 of the said Act, to assert that from the appointed day, no Court or **WP(C).No.6663/2015 & Con.cases** **25** Authority shall have any power, jurisdiction or authority, except the Supreme Court and the High Courts, in relation to matters specified under Section 17 of the RDB Act. He asserts that a conjoint reading of these provisions, reinforced by the rigour of Section 34 (2) of the said Act, which mandates that the RDB Act will have an overriding effect notwithstanding anything inconsistent therewith contained in any law for the time being in force, renders it incontestable that only the DRT can decide upon matters as are specified in Section 17 of the RDB Act. After saying so, Sri.S.Easwaran, read to me Section 2 (g) of the RDB Act, which defines debt in the following manner; “ 'debt' means any liability (inclusive of interest) which is claimed as due from any person by a bank or a financial institution or by a consortium of banks or financial institutions during the course of any business activity undertaken by the bank or the financial institution or the consortium under any law for the time being in force, in cash or otherwise, whether secured or unsecured, or assigned, or whether payable under a decree or order of any civil court or any arbitration award or otherwise or **WP(C).No.6663/2015 & Con.cases** **26** under a mortgage and subsisting on, and legally recoverable on, the date of the application.” 5. He then shows, from Section 1 (4) of the RDB Act, that the provisions of the said Act apply when the debt is more than Rs.10 lakhs or such other figure as the Central Government may notify. He then, points out that there has been an amendment to this provision, as per which, the figure has been enhanced to Rs.20 lakhs, but that the said amendment has been stayed by the High Court of Rajasthan. He then asserts that notwithstanding this, the position in these cases would not be altered, since the amount involved in all them is more than Rs.20 lakhs. 6. He says, therefore, that whenever the amount involved is more than Rs.10 lakhs (or Rs.20 lakhs if the amendment is upheld), whether it be secured or otherwise, the provisions of the RDB Act alone can be called in; particularly because under the RR Act, the Bank does not obtain remedy of adjudication or quantification of the amounts due but can only use it as a method of recovery, as if they are arrears of public revenue. He thus vehemently contends that the action of the Banks in these cases in having **WP(C).No.6663/2015 & Con.cases** **27** made requisitions to the Revenue Authorities for recovery of amounts due from the petitioners are untenable and therefore, unconstitutional. He then submitted that these aspects have already been dealt with by the Hon'ble Supreme Court and emphatically answered against the Banks in **Allahabad Bank v. Canara Bank** [(2000) 4 SCC 406]. 7. Sri.Varghese.C.Kuriakose, learned counsel also appearing for the petitioners in various cases, more or less adopted the submissions of Sri.S.Easwaran, however, fairly pointing out that in another judgment, namely, **Lakshmi Enterprises & others v. State of Kerala** [2008 (2) KHC 74], a learned Judge of this Court has referred to these provisions and has passingly concluded that the Banks have the option, at their discretion, to use any of the alternative methods for recovery under any of the Acts available to them, which could be the RDB Act, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (hereinafter referred to as SARFAESI Act for short) or the RR Act. He, however, says that these statements in the said judgment are not really intended for a general application, but were only made in the limited context **WP(C).No.6663/2015 & Con.cases** **28** of the facts of that case because, according to him, it is now indubitable that once the RDB Act came into force, the provisions of the RR Act cannot be invoked, especially when the method of the adjudication under it, namely Section 34(2), would have to yield to Section 17 of the RDB Act. He concluded his submissions citing the judgment of the Hon'ble Supreme Court in **Unique Butyle Tube Industries v. U.P. Financial Corporation and others** [(2003) 2 SCC 455], which he says has followed **Allahabad Bank (Supra)** approvingly and has further declared that the Bank cannot invoke Uttar Pradesh Public Moneys (Recovery of Dues) Act, 1972, which is analogous to the RR Act in Kerala to recover any debt more than Rs.10 lakhs and that they must resort only to the RDB Act. 8. Sri.V.K.Peermohamed Khan and Sri.M.A.Augustine, learned counsel appearing for the other petitioners made more or less similar submissions as recorded above, adding that since Section 17 of the RDB Act postulates that a Bank can only invoke the jurisdiction of that Act for the purpose of recovery of debts due to it, thus taking in every recovery, notwithstanding the method and because the said Act strictly **WP(C).No.6663/2015 & Con.cases** **29** lays down the method for adjudication of the debt, as part of the recovery process under it, the Banks cannot invoke the provisions of any other Statute, except the SARFAESI Act, which is a special Statute, for recovery of their debts; and resultantly that the requisitions made in these cases under the RR Act are wholly without forensic support. 9. In answer to the various assertions made as afore by the petitioners, Sri. Gopalakrishnan Nair, appearing for the Canara Bank, submitted that they cannot be accepted in law, going by the way Section 71 of the RR Act, is endrafted. He says that as is limpid there-from, the Government is authorized, by notification in the Gazette, to declare that the provisions of that Act, shall be made applicable to recover amounts due from any person or class of persons to any specified institution. He asserts that there is nothing in Section 71, which restricts such notification to apply only to debts for a particular figure/amount; and, therefore, that as long as the said Section prescribes no interdiction or prohibition against the Banks in invoking the jurisdiction of the RR Act, they are at liberty to do so. He also relies on an unreported judgment of a learned Judge of this Court in **WP(C).No.6663/2015 & Con.cases** **30** **Amrutha Oils** _**v**_ **. State of Kerala (W.P. (C).No.19615/2016)** to contend that this Court has always allowed the provisions of the Revenue Recovery Act to act in a supplemental manner, along with the RDB Act or the SARFAESI Act. 10. The other learned Standing Counsel for the Banks, Sri. M.GopiKrishan Nambiar and Sri. Pauly Mathew Muricken made analogous submissions as Sri. Gopalakrishnan Nair and I do not, therefore, deem it necessary to record each of their submissions, since they speak in the same voice. 11. To sum up the submissions of the Banks, they contend that there is no prohibition in the RR Act in invoking its provisions even for debts over Rs.10 lakhs and therefore, that the provisions of the RDB Act cannot be imported into it, to cause any interdiction. The various Banks thus maintain that their present action in having approached the Competent Authority under the RR Act is without fault and therefore, cannot be called into question by the petitioners. 12. The issues in these cases being of a general importance, I have been very circumspect in consideration of the rival submissions made by the learned counsel for the **WP(C).No.6663/2015 & Con.cases** **31** parties, since what is involved is the process of recovery of large amounts due to Banks. That said, however, it cannot be lost sight of that such recovery be not done in violation of any applicable law or the mandatory procedural requirements; and, thus my endeavor in these cases will be to ensure that recovery of amounts by the Banks, which is an imperative necessity, is not allowed to be in conflict with any law. Consequently, if there is any legal inhibition against the impugned requisitions made by the Banks under the RR Act, recovery through such cannot be permitted, even if their intentions are _bona fide_ and laudatory. 13. The provisions of the RDB Act, particularly Sections 17, 18, 19 & 34 are indubitable that it creates a frame work for comprehensive adjudication, evaluation and recovery of debts due to Banks and Financial Institutions. The provisions of these three Sections are the foundational elements on which all the allegations and assertions of the parties are involved in these cases, and I, therefore, deem it necessitous to extract all of them as under; **17. Jurisdiction, powers and authority of Tribunals.** —(1) A Tribunal shall exercise, **WP(C).No.6663/2015 & Con.cases** ## **32** on and from the appointed day, the jurisdiction, powers and authority to entertain and decide applications from the banks and financial institutions for recovery of debts due to such banks and financial institutions. (2)An Appellate Tribunal shall exercise, on and from the appointed day, the jurisdiction, powers and authority to entertain appeals against any order made, or deemed to have been made, by a Tribunal under this Act. **18. Bar of Jurisdiction.** —On and from the appointed day, no court or other authority shall have, or be entitled to exercise, any jurisdiction, powers or authority (except the Supreme Court, and a High Court exercising jurisdiction under articles 226 and 227 of the Constitution) in relation to the matters specified in section 17. **19. Application to the Tribunal.** —(1) Where a bank or a financial institution has to recover any debt from any person, it may make an application to the Tribunal within the local limits of whose jurisdiction— a) the defendant, or each of the defendants where there are more than one, at the time of making the application, actually and **WP(C).No.6663/2015 & Con.cases** ## **33** voluntarily resides or carries on business or personally works for gain; or (b) any of the defendants, where there are more than one, at the time of making the application, actually and voluntarily resides or carries on business or personally works for gain; or c) the cause of action, wholly or in part, arises. **34. Act to have over-riding effect** .—(1) Save as provided under sub- section (2), the provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. (2) The provisions of this Act or the rules made thereunder shall be in addition to, and not in derogation of, the Industrial Finance Corporation Act, 1948 (15 of 1948), the State Financial Corporations Act, 1951 (63 of 1951), the Unit Trust of India Act, 1963 (52 of 1963), the Industrial Reconstruction Bank of India Act, 1984 (62 of 1984) 4[,the Sick Industrial Companies (Special Provisions) Act, 1985 (1 of 1986) and the **WP(C).No.6663/2015 & Con.cases** **34** Small Industries Development Bank of India Act, 1989 (39 of 1989)]. 14. In contra-distinction to the above, the applicable provision of the Revenue Recovery Act, namely, Section 71 thereof, reads as under: ## **71.Power of Government to declare the** **Act applicable to any institution** .- The Government may, by notification in the Gazette declare, if they are satisfied that it is necessary to do so in public interest, that the provisions of this Act shall be applicable to the recovery of amounts due from any person or class of persons to any specified institution or any class or classes of institutions, and thereupon all the provisions of this Act shall be applicable to such recovery. After providing so, the said Act also creates a mechanism for dispute resolution, through Section 34 thereof, which is as below: ## **34. Demand to be served prior to attachment of land-** (1) Before the Collector or the authorised officer proceeds to attach the immovable property of the defaulter, he shall cause a written demand to be served upon the **WP(C).No.6663/2015 & Con.cases** ## **35** defaulter specifying the name of the defaulter, the amount of the arrears of public revenue due on land for which the attachment is bing made, the date on which such arrear fell due, the interest on the arrear and the amount of the batta due to the persons who serve the demand and such other particulars as may be prescribed, and the time allowed for the payment which shall not be less than seven days from the date of service of the demand. (2) If within the time prescribed under sub-section (1), the defaulter objections to the claim of arrears wholly or in part, the Collector or the authorised officer, as the case may be shall inquire into the objection and record a decision before proceeding to attach the immovable property of the defaulter. 15. I have referred to the afore provisions to show that even under the RR Act, an adjudicatory mechanism has been put in place whenever a dispute is raised regarding the quantum covered by the requisition. Under Section 34(2), afore extracted, of the RR Act, when a defaulter objects to the quantum of the alleged arrears, the District Collector or the Authorized Officer, as the case may be, shall inquire into such **WP(C).No.6663/2015 & Con.cases** **36** objection and record a decision. This, no doubt, clearly postulates an adjudication of the claim made by the Bank, but when read adjunctly with Section 17 of the RDB Act, it becomes rather indisputable that such an adjudication becomes untenable when the debt is more than Rs.10 lakhs. 16. This is because, Section 17 of the RDB Act makes it unequivocal that any adjudication, leading to the recovery of a debt, which means an amount of more than Rs.10 lakhs, cannot be done by any other person or institution or entity other than the Tribunal constituted under it, namely the DRT, and this is further cemented through the provisions of Section 18 of the said Act, which bars jurisdiction being exercised in such matters by any other person or Authority. These provisions then get bolstered by the mandate of Section 19 of the RDB Act, afore extracted, where every Bank or Financial Institution, that seeks to recover a debt of more than Rs.10 lakhs from any person, will mandatorily have to make an apposite application to the DRT and no other entity; and finally, Section 34 of the RDB Act expressly excludes the jurisdiction of every other Court except the High Court and Supreme Court. **WP(C).No.6663/2015 & Con.cases** **37** 17. Therefore, viewed from the afore perspective, it is clear that if any dispute is raised with respect to a debts, as defined by the RDB Act, namely, which is more than Rs.10 lakhs, an adjudication on it can only be done by the DRT under the RDB Act and not by the District Collector under the RR Act. Obviously, therefore, the provisions of Section 34(2) of the RR Act would stand in conflict with the afore provisions of the RDB Act and resultantly, cannot be availed of by the Banks. The case of the SARFAESI Act stands on a different pedestal because this is a special Act, brought in subsequent to the RDB Act intended to provide a special mechanism, whereby the Banks can recover debts through the methods specified therein and under the adjudicatory processes that are well defined through its provisions. Thus, even assuming that, in an abstract manner, one views the RR Act to be a mere mechanism for recovery, it would still be of no avail to Banks and Financial Institutions because such recovery, as long as it entails a component of adjudication, would certainly have to yield to the provisions of Sections 17, 18, 19 & 34 of the RDB Act. 18. I must also record that, I have drawn my opinion **WP(C).No.6663/2015 & Con.cases** **38** as above fully inspired and guided by the unmistakable views of the Hon'ble Supreme Court in **Allahabad Bank (Supra)** , relating to these issues, which, available in paragraph 23 thereof, are extracted below in order to enable a full reading; “23. Even in regard to “execution”, the jurisdiction of the Recovery Officer is exclusive. Now a procedure has been laid down in the Act for recovery of the debt as per the certificate issued by the Tribunal and this procedure is contained in Chapter V of the Act and is covered by Sections 25 to 30. it is not the intendment of the Act that while the basic liability of the defendant is to be decided by the Tribunal under Section 17, the banks/financial institutions should go to the civil court or the Company Court or some other authority outside the Act for the actual realisation of the amount. The certificate granted under Section 19(22) has, in our opinion, to be executed only by the Recovery Officer. No dual jurisdictions at different stages are contemplated. Further, Section 34 of the Act gives overriding effect to the provisions of the RDB Act. That section reads as follows: “34.(1) Act to have overriding effect.-(1) save as provided under **WP(C).No.6663/2015 & Con.cases** ## **39** sub-section (2), the provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. (2) The provisions of this Act or the rules made thereunder shall be in addition to, and not in derogation of, the Industrial Finance Corporation Act, 1948 (15 of 1948), the State Financial Corporations Act, 1951 (63 of 1951), the Unit Trust of India Act, 1963 (52 of 1963), the Industrial Reconstruction Bank of India Act, 1984 (62 of 1984) and the Sick Industrial Companies (Special Provisions) Act, 1985 (1 of 1986). The provisions Section 34 (1) clearly state that the RDB Act overrides other laws to the extent of “inconsistency”. In our opinion, the prescriptions of an exclusive Tribunal both for _adjudication_ and _execution_ is a procedure clearly _inconsistent_ with realisation of these debts in any other manner. **WP(C).No.6663/2015 & Con.cases** **40** 19. These views were again noticed by the Hon'ble Supreme Court in **Unique Butyle (supra)** and their Lordships had the following to say, specifically with respect to the question if the Uttar Pradesh Public Moneys (Recovery of Dues) Act, 1972, which is a similar, if not identical statute as the RR Act, is protected under the RDB Act and as to if its provisions can be utilised by the Bank to recover debts more than Rs.10 lakhs: “9. Section 34 of the Act consist of two parts. Sub-section (1) deals with the overriding effect of the Act notwithstanding anything in consistent therewith contained in any other law for the time bing in force or in any instrument having effect by virtue of any law other than the Act. Sub-section (1) itself makes an exception as regards matters covered by sub-section (2). The U.P. Act is not mentioned therein. The mode of recovery of debt under the U.P. Act is not served under the said provision i.e. sub-section (2) which is of considerable importance so far as the present case is concerned. Even a bare reading therein makes it clear that it is intended to be in addition to and not in derogation of certain statutes; one of **WP(C).No.6663/2015 & Con.cases** **41** which is the Financial Act. In other words, a bank or a financial institution as the option or choice to proceed either under the Act or under the modes of recovery permissible under the Financial Act. To that extent, the High Court's conclusions quoted above were correct. Where the High Court went wrong is by holding that the proceeding under the U.P. Act were permissible. The U.P. Act deals with the separate modes of recovery and such proceedings are not relatable to proceedings under the Financial Act.” 20. Thus, cannot be any further cause for speculation on the aspects involved in these cases, since the Hon'ble Supreme Court has, in the above two binding precedents, dispelled it without any trace of doubt. 21. When the law remains established in the afore manner, the axiomatic question is whether the judgments of two other learned Judges of this Court in **M/s. Lakshmi Enterprises (supra)** and **M/s. Amrutha Oils (supra)** need to be followed. A reading of **M/s. Lakshmi Enterprises (supra)** , renders it clear that the learned Judge was dealing with a situation where the Bank took the contention that **WP(C).No.6663/2015 & Con.cases** **42** Recovery processes under RDB Act and the RR Act are independent of each other and therefore, that they are entitled to invoke any one of them at their option. The question as to the manner of adjudication of the debt was never considered by the learned Judge and the answer given therein is only with respect to the specific query posed by the Bank in the context of the facts and circumstances involved. 22. Similarly, in **M/s. Amrutha Oils (supra)** , a careful reading of the said judgment would show that there were no disputes on facts therein and the debt was virtually admitted. It is solely in such scenario that the learned Judge delivered judgment without having to enter into any of these issues in detail; and resultantly, therefore, the views in it can only be seen to be confined to the parameters of the specific undisputed facts noticed by the learned Single Judge. 23. Irrefragably, therefore, the seemingly contrary views and conclusions in **M/s. Lakshmi Enterprises (supra)** or **M/s. Amrutha Oils (supra)** cannot constrain me in any manner; particularly when they are not in conformity with the declarations in **Allahabad Bank (supra) and Unique Butyle (supra)** . **WP(C).No.6663/2015 & Con.cases** **43** As the necessary denouement, since in all these cases the respondent-Banks are proceeding for recovery of debts which are more than Rs.10 lakhs, I allow these writ petitions and direct the concerned Authorities under the Revenue Recovery Act to cease all further action as per the impugned requisitions made to them; but leave full liberty to the Banks to invoke and pursue remedies under the RDB Act in terms of the afore observations. Needless to say, nothing contained in this judgment shall be construed to mean that the Banks cannot invoke the SARFAESI Act, which they certainly are entitled to do, in terms of law. **Sd/-** **DEVAN RAMACHANDRAN JUDGE** YKB **WP(C).No.6663/2015 & Con.cases** **44** ## **APPENDIX OF WP(C) 6663/2015** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1** **TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT THROUGH THE LAWYER.** **EXHIBIT P2** **TRUE COPY OF THE DEMAND NOTICE ISSUED UNDER SECTION 7 OF THE REVENUE RECOVERY ACT.** **EXHIBIT P3** **TRUE COPY OF THE DEMAND NOTICE ISSUED UNDER SECTION 34 OF THE REVENUE RECOVERY ACT PRIOR TO ATTACHMENT OF LAND.** ## **RESPONDENT'S/S EXHIBITS:** ## **NIL** **//TRUE COPY//** **PA TO JUDGE** YKB **WP(C).No.6663/2015 & Con.cases** **45** ## **APPENDIX OF WP(C) 36723/2015** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1** **TRUE COPY OF THE DEMAND NOTICE ISSUED UNDER SECTION 13(2) OF THE SARFAESI ACT.** **EXHIBIT P2 TRUE COPY OF THE NOTICE ISSUED BY THE BANK THROUGH THE ADVOCATE.** **EXHIBIT P3** **COPIES OF THE NOTICES.** **RESPONDENT'S/S EXHIBITS:** ## **NIL** **//TRUE COPY//** **PA TO JUDGE** YKB **WP(C).No.6663/2015 & Con.cases** **46** ## **APPENDIX OF WP(C) 35959/2016** ## **PETITIONER'S/S EXHIBITS:** ## **EXHIBIT P1** **COPY OF NOTICE DATED NIL. ISSUED BY THE 1ST RESPONDENT UNDER SECTION 7 OF THE KERALA REVENUE RECOVERY ACT, 1968 TO THE PETITIONER.** **EXHIBIT P2** **COPY OF NOTICE DATED NIL. ISSUED BY THE 1ST RESPONDENT UNDER SECTION 34 OF THE KERALA REVENUE RECOVERY ACT, 1968 TO THE PETITIONER.** - **EXHIBIT P3 COPY OF ORIGINAL APPLICATION EXCLUDING ANNEXURES DATED 25.01.2010 FILED BY THE 2ND RESPONDENT BEFORE THE DEBTS RECOVERY TRIBUNAL.** **RESPONDENT'S/S EXHIBITS:** ## **NIL** ## **//TRUE COPY//** YKB **PA TO JUDGE** **WP(C).No.6663/2015 & Con.cases** **47** ## **APPENDIX OF WP(C) 37813/2016** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE ORIGINAL APPLICATION NO.543/2015 FILED BY THE 2ND RESPONDENT BEFORE THE DEBT RECOVERY TRIBUNAL, ERNAKULAM, WITHOUT THE ANNEXURES.** **EXHIBIT P2 TRUE COPY OF THE SUMMONS RECEIVED BY THE PETITIONER.** **EXHIBIT P3 TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT UNDER REVENUE RECOVERY ACT. EXHIBIT P4 TRUE COPY OF THE ORDER IN WP(C) NO. 6663/2015 OF THE HON'BLE HIGH COURT OF KERALA.** ## **RESPONDENT'S/S EXHIBITS:** ## **NIL** ## **//TRUE COPY//** ## **PA TO JUDGE** YKB **WP(C).No.6663/2015 & Con.cases** **48** ## **APPENDIX OF WP(C) 16451/2017** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT-P1** **TRUE COPY OF THE CERTIFICATE ISSUED BY THE IST RESPONDENT STATING THE DETAILS OF AMOUNTS SANCTIONED AND TYPE OF LOAN** **EXHIBIT-P2 TRUE COPY OF THE SUIT NOTICES ISSUED BY THE RESPONDENT BANK THROUGH THE LAWYER INITIATING THE DEFAULT IN THE LOAN ACCOUNT TO THE PETITIONERS** **EXHIBIT-P3 TRUE COPY OF THE NOTICE ISSUED U/S 7 OF THE R.R ACT ISSUED BY THE 3RD RESPONDENT** **EXHIBIT-P4 TRUE COPY OF THE NOTICE ISSUED U/S 34 OF THE R.R ACT BY THE 3RD RESPONDENT** - **EXHIBIT-P5 TRUE COPY OF THE OBJECTION SUBMITTED BY THE PETITIONERS SEPARATELY** **EXHIBIT-P6 TRUE COPY OF THE ORDER ISSUED BY THE REVENUE (H) DEPARTMENT IN M.S 598/2016 EXHIBIT-P7 TRUE COPY OF THE ORDER IN W.P(C) 6663/2015** **RESPONDENT'S/S EXHIBITS:** ## **NIL** ## **//TRUE COPY//** ## **PA TO JUDGE** YKB **WP(C).No.6663/2015 & Con.cases** **49** ## **APPENDIX OF WP(C) 29410/2017** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE PHOTOSTAT COPY OF THE LAWYER NOTICE ISSUED BY ADV.N.K SUBAID DATED 1.6.2016.** **EXHIBIT P2 TRUE PHOTOSTAT COPY OF THE REPLY DATED 5.7.2016.** **EXHIBIT P3 TRUE PHOTOSTAT COPY OF THE DRAFT NOTICE DATED 5.7.2016 ISSUED TO THE PETITIONERS UNDER SECTION 13(2) OF THE SARFAESI ACT. EXHIBIT P4 TRUE PHOTOSTAT COPY OF THE OBJECTION DATED 24.8.2016. EXHIBIT P5 TRUE PHOTOSTAT COPY OF THE REPLY ISSUED UNDER SECTION 13(3A) BY THE ADVOCATE FOR THE 6TH RESPONDENT. EXHIBIT P6 TRUE PHOTOSTAT COPY OF THE DELIVERED NOTICE. EXHIBIT P7 TRUE PHOTOSTAT COPY OF THE PUBLISHED NOTICE. EXHIBIT P8 TRUE PHOTOSTAT COPY OF THE INTERIM ORDER DATED 2.2.2017 IN I.A NO.184/2017 IN S.A NO.18/2017 PASSED BY THE DRT, ERNAKULAM.** **EXHIBIT P9 TRUE PHOTOSTAT COPY OF THE NOTICE DATED 25.8.2017 SERVED ON 30.8.2017 UNDER SECTION 7 OF THE REVENUE RECOVERY ACT. EXHIBIT P10 TRUE PHOTOSTAT COPY OF THE NOTICE DATED 25.8.2017 SERVED ON 30.8.2017 UNDER SECTION 34 OF THE REVENUE RECOVERY ACT. EXHIBIT P11 TRUE PHOTOSTAT COPY OF THE APPEAL DATED 30.8.2017 TO THE 2ND RESPONDENT. EXHIBIT P12 TRUE PHOTOSTAT COPY OF THE REGISTRATION SLIP ISSUED BY POSTAL AUTHORITY. EXHIBIT P13 TRUE PHOTOSTAT COPY OF THE APPEAL DATED 30.8.2017 TO THE 3RD RESPONDENT.** **WP(C).No.6663/2015 & Con.cases** **50** **EXHIBIT P14** **TRUE PHOTOSTAT COPY OF THE REGISTRATION SLIP ISSUED BY POSTAL AUTHORITY.** **EXHIBIT P15 TRUE COPY OF THE ORDER DATED 30.08.2018 PASSED BY THE 3RD RESPONDENT** ## **RESPONDENT'S/S EXHIBITS:** ## **NIL** **//TRUE COPY//** **PA TO JUDGE** YKB **WP(C).No.6663/2015 & Con.cases** **51** ## **APPENDIX OF WP(C) 34703/2017** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1. TRUE PHOTOSTAT COPY OF THE LAWYER NOTICE ISSUED BY ADV.N.K.SUBAID DATED 01.06.2016.** **EXHIBIT P2. TRUE PHOTOSTAT COPY OF THE REPLY DATED 05.07.2016.** **EXHIBIT P3. TRUE PHOTOSTAT COPY OF THE DRAFT NOTICE DATED 05.07.2016 ISSUED TO THE PETITIONERS UNDER SECTION 13(2) OF THE SARFAESI ACT. EXHIBIT P4. TRUE PHOTOSTAT COPY OF THE OBJECTION DATED 24.08.2016. EXHIBIT P5. TRUE PHOTOSTAT COPY OF THE REPLY ISSUED UNDER SECTION 13(3A) BY THE ADVOCATE FOR THE 6TH RESPONDENT. EXHIBIT P6. TRUE PHOTOSTAT COPY OF THE POSSESSION NOTICE. EXHIBIT P7. TRUE PHOTOSTAT COPY OF THE PUBLISHED NOTICE. EXHIBIT P8. TRUE PHOTOSTAT COPY OF THE INTERIM ORDER DATED 02.02.2017 IN I.A.NO.184/2017 IN S.A. NO.18/2017 PASSED BY THE DRT, ERNAKULAM. EXHIBIT P9. TRUE PHOTOSTAT COPY OF THE UNDER SECTION 7 OF THE REVENUE RECOVERY ACT. EXHIBIT P10. TRUE PHOTOSTAT COPY OF THE UNDER SECTION 34 OF THE REVENUE RECOVERY ACT. EXHIBIT P11. TRUE PHOTOSTAT COPY OF THE APPEAL DATED 25.04.2015 TO THE 2ND RESPONDENT. EXHIBIT P12. TRUE PHOTOSTAT COPY OF THE REGISTRATION SLIP ISSUED BY POSTAL AUTHORITY. EXHIBIT P13. TRUE PHOTOSTAT COPY OF THE APPEAL DATED 25.04.2015 TO THE 3RD RESPONDENT. EXHIBIT P14. TRUE PHOTOSTAT COPY OF THE REGISTRATION SLIP ISSUED BY POSTAL AUTHORITY.** **WP(C).No.6663/2015 & Con.cases** **52** **EXHIBIT P15 TRUE COPY OF THE ORDER DATED 30.08.2018 PASSED BY THE 3RD RESPONDENT** ## **RESPONDENT'S/S EXHIBITS:** ## **NIL** **//TRUE COPY//** **PA TO JUDGE** YKB **WP(C).No.6663/2015 & Con.cases** **53** ## **APPENDIX OF WP(C) 34704/2017** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE PHOTOSTAT COPY OF THE LAWYER NOTICE ISSUED BY ADV. N.K. SUBAID DATED 01-06-2016 EXHIBIT P2 TRUE PHOTOSTAT COPY OF THE REPLY DATED 0507-2016 EXHIBIT P3 TRUE PHOTOSTAT COPY OF THE DRAFT NOTICE DATED 05.07.2016 ISSUED TO THE PETITIONERS UNDER SECTION 13(2) OF THE SARFAESI ACT EXHIBIT P4 TRUE PHOTOSTAT COPY OF THE OBJECTION DATED 24.08.2016 EXHIBIT P5 TRUE PHOTOSTAT COPY OF THE REPLY ISSUED UNDER SECTION 1393A) BY THE ADVOCATE FOR THE 6TH RESPONDENT. EXHIBIT P6 TRUE PHOTOSTAT COPY OF THE DELIVERED NOTICE. EXHIBIT P7 TRUE PHOTOSTAT COPY OF THE PUBLISHED NOTICE EXHIBIT P8 TRUE PHOTOSTAT COPY OF THE INTERIM ORDER DATED 02.02.2017 IN OA NO. 184/2017 IN SA NO. 18/2017 PASSED BY THE DRT, ERNAKULAM. EXHIBIT P9 TRUE PHOTOSTAT COPY OF THE NOTICE DATED 25.08.2017 SERVED ON 30.08.2017 UNDER SECTION 7 OF THE REVENUE RECOVERY ACT. EXHIBIT P10 TRUE PHOTOSTAT COPY OF THE NOTICE DATED 25.08.2017 SERVED ON 30.08.2017 UNDER SECTION 34 OF THE REVENUE RECOVERY ACT. EXHIBIT P11 TRUE PHOTOSTAT COPY OF THE APPEAL TO THE 2ND RESPONDENT. EXHIBIT P12 TRUE PHOTOSTAT COPY OF THE REGISTRATION SLIP ISSUED BY POSTAL AUTHORITY EXHIBIT P13 TRUE PHOTOSTAT COPY OF THE APPEAL TO THE 3RD RESPONDENT. EXHIBIT P14 TRUE PHOTOSTAT COPY OF THE REGISTRATION SLIP ISSUED BY POSTAL AUTHORITY.** **WP(C).No.6663/2015 & Con.cases** **54** **EXHIBIT P15 TRUE COPY OF THE ORDER DATED 30.08.2018 PASSED BY THE 3RD RESPONDENT** ## **RESPONDENT'S/S EXHIBITS:** ## **NIL** **//TRUE COPY//** **PA TO JUDGE** YKB **WP(C).No.6663/2015 & Con.cases** **55** ## **APPENDIX OF WP(C) 34705/2017** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1. TRUE PHOTOSTAT COPY OF THE LAWYER NOTICE ISSUED BY ADV. N.K. SUBAID DATED 01.06.2016** **EXHIBIT P2. TRUE PHOTOSTAT COPY OF THE REPLY DATED 05.07.2016** **EXHIBIT P3. TRUE PHOTOSTAT COPY OF THE DRAFT NOTICE DATED 05.07.2016 ISSUED TO THE PETITIONERS UNDER SECTION 13(20 OF THE SARFAESI ACT EXHIBIT P4. TRUE PHOTOSTAT COPY OF THE OBJECTION DATED 24.08.2016** **EXHIBIT P5. TRUE PHOTOSTAT COPY OF THE REPLY ISSUED UNDER SECTION 13(3A) BY THE ADVACOTE FOR THE 6TH RESPONDENT EXHIBIT P6. TRUE PHOTOSTAT COPY OF THE DELIVERED NOTICE EXHIBIT P7. TRUE PHOTOSTAT COPY OF THE PUBLISHED NOTICE EXHIBIT P8. TRUE PHOTOSTAT COPY OF THE INTERIM ORDER DATED 02.02.2017 IN I.A. NO.184/2017 IN S.A.NO.18/2017 PASSED BY THE DRT, ERNAKULAM EXHIBIT P9. TRUE PHOTOSTAT COPY OF THE UNDER SECTION 7 OF THE REVENUE RECOVERY ACT EXHIBIT P10. TRUE PHOTOSTAT COPY OF THE UNDER SECTION 34 OF THE REVENUE RECOVERY ACT EXHIBIT P11. TRUE PHOTOSTAT COPY OF THE APPEAL DATED 30.08.2017 TO THE 2ND RESPONDENT EXHIBIT P12. TRUE PHOTOSTAT COPY OF THE REGISTRATION SLIP ISSUED BY POSTAL AUTHORITY EXHIBIT P13. TRUE PHOTOSTAT COPY OF THE APPEAL DATED 30.08.2017 TO THE 3RD RESPONDENT EXHIBIT P14. TRUE PHOTOSTAT COPY OF THE REGISTRATION SLIP ISSUED BY POSTAL AUTHORITY** **WP(C).No.6663/2015 & Con.cases** **56** **EXHIBIT P15 TRUE COPY OF THE ORDER DATED 30.08.2018 PASSED BY THE 3RD RESPONDENT** ## **RESPONDENT'S/S EXHIBITS:** ## **NIL** **//TRUE COPY//** **PA TO JUDGE** YKB **WP(C).No.6663/2015 & Con.cases** **57** ## **APPENDIX OF WP(C) 6671/2018** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1TRUE COPY OF DEMAND NOTICE DATED 27/11/2017 ISSUED BY 3RD RESPONDENT.** **EXHIBIT P2TRUE COPY OF CERTIFICATE OF RECOVERY DATED 16/01/2018 IN RRC NO.2018/413/08 ISSUED BY 1ST RESPONDENT.** **EXHIBIT P3TRUE COPY OF DEMAND 24/01/2018 IN RRC NO.2018/413/08 ISSUED BY 2ND RESPONDENT. EXHIBIT P4TRUE COPY OF ORDER DATED 09/11/2016 IN WP(C)NO.35959/2016.** **RESPONDENT'S/S EXHIBITS:** ## **NIL** **//TRUE COPY//** **PA TO JUDGE** YKB **WP(C).No.6663/2015 & Con.cases** **58** ## **APPENDIX OF WP(C) 6874/2018** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1: TRUE COPY OF THE NOTICE UNDER SECTION 13(2) OF THE SARFAESI RDDBI ACT DATED 12.12.2017.** **EXHIBIT P2: TRUE COPY OF THE REPLY SENT BY THE PETITIONER DATED 23.2.2018.** **EXHIBIT P3: TRUE COPY OF THE NOTICE ISSUED UNDER SECTION 7 OF THE KERALA REVENUE RECOVERY ACT BEARING NO.2018/737/08 DATED 6.2.2018 ISSUED BY 3RD RESPONDENT DEPUTY TAHASILDAR (RR).** **EXHIBIT P4A: TRUE COPY OF THE ORDER DATED 09.11.2016 IN W.P.C No.35959/2016** **EXHIBIT P4B: TRUE COPY OF ORDER DATED 28.02.2018 IN W.P.C No. 6671/2018** **RESPONDENT'S/S EXHIBITS:** ## **NIL** ## **//TRUE COPY//** ## **PA TO JUDGE** YKB **WP(C).No.6663/2015 & Con.cases** **59** ## **APPENDIX OF WP(C) 9962/2018** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1. TRUE COPY OF THE LETTER ISSUED BY THE 1ST RESPONDENT BANK EXHIBIT P2. TRUE COPIES OF THE NOTICES ISSUED BY THE 3RD RESPONDENT EXHIBIT P2 (1) TRUE COPIES OF THE NOTICES ISSUED BY THE 3RD RESPONDENT EXHIBIT P3. TRUE COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT EXHIBIT P4. TRUE COPY OF THE ORDER IN W.P. (C)NO.6663/2015** ## **RESPONDENT'S/S EXHIBITS:** ## **NIL** ## **//TRUE COPY//** ## **PA TO JUDGE** YKB **WP(C).No.6663/2015 & Con.cases** **60** ## **APPENDIX OF WP(C) 19972/2018** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF DEMAND NOTICE DATED 23.03.2018 ISSUED BY THE 1ST RESPONDENT UNDER SECTION 7 OF THE KERALA REVENUE RECOVERY ACT, 1968** **EXHIBIT P1 A TRUE COPY OF THE DEMAND NOTICE DATED 03.04.2018 ISSUED BY THE 1ST RESPONDENT UNDER SECTION 34 OF THE KERALA REVENUE RECOVERY ACT, 1968** **EXHIBIT P2 THE TRUE COPY OF THE ORDER DATED 9/11/2016 IN WPC NO.35959/2016 EXHIBIT P2 A THE TRUE COPY OF THE ORDER 11.04.2018 IN WPC.NO.6874/2018.** **RESPONDENT'S/S EXHIBITS:** ## **NIL** ## **//TRUE COPY//** ## **PA TO JUDGE** YKB **WP(C).No.6663/2015 & Con.cases** **61** ## **APPENDIX OF WP(C) 23036/2018** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1TRUE COPY OF DEMAND NOTICE DATED 01/06/2018 ISSUED BY THE 1ST RESPONDENT UNDER SECTION 34 OF THE KERALA REVENUE RECOVERY ACT, 1968.** **EXHIBIT P2TRUE COPY OF DEMAND NOTICE DATED 21/05/2018 ISSUED BY THE 1ST RESPONDENT UNDER SECTION 7 OF THE KERALA REVENUE RECOVERY ACT, 1968. EXHIBIT P3TRUE COPY OF THE ORDER DATED 09/11/2016 IN WPC NO.35959/2016.** **EXHIBIT P4TRUE COPY OF THE ORDER DATED 11/04/2018 IN WPC NO.6874/2018. EXHIBIT P5TRUE COPY OF THE ORDER DATED 19/06/2018 IN WPC NO.19972/2018.** **RESPONDENT'S/S EXHIBITS:** ## **NIL** ## **//TRUE COPY//** ## **PA TO JUDGE** YKB **WP(C).No.6663/2015 & Con.cases** **62** ## **APPENDIX OF WP(C) 1255/2019** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE OA NO.269/2015 FILED BY THE 1ST RESPONDENT BANK WITHOUT ANNEXURES.** **EXHIBIT P2 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE DEFENDANTS IN OA NO.269/2015.** **EXHIBIT P3 TRUE COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT.** **EXHIBIT P4 TRUE COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT.** **EXHIBIT P5 TRUE COPY OF THE ORDER IN WP(C) NO.6663/2015.** ## **RESPONDENT'S/S EXHIBITS:** ## **NIL** ## **//TRUE COPY//** ## **PA TO JUDGE** YKB **WP(C).No.6663/2015 & Con.cases** **63** ## **APPENDIX OF WP(C) 2435/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1** **COPY OF SANCTION LETTER DATED 28.2.2015 ISSUED BY THE 2ND RESPONDENT.** **EXHIBIT P1 A COPY OF SANCTION LETTER DATED 28.2.2015 ISSUED BY THE 2ND RESPONDENT.** **EXHIBIT P2 COPY OF DEMAND NOTICE 21.12.2018 ISSUED IN FORM NO.1 BY THE IST RESPONDENT.** **EXHIBIT P3 COPY OF DEMAND NOTICE 22.12.2018 ISSUED IN FORM NO.10.** **RESPONDENT'S/S EXHIBITS:** **NIL** ## **//TRUE COPY//** **PA TO JUDGE** YKB **WP(C).No.6663/2015 & Con.cases** **64** ## **APPENDIX OF WP(C) 14203/2019** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 A TRUE COPY OF THE DEMAND NOTICE EXHIBIT P2 A TRUE COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT UNDER SECTION 7 OF THE REVENUE RECOVERY ACT** **EXHIBIT P3 A TRUE COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT UNDER SECTION 34 OF THE REVENUE RECOVERY ACT.** **EXHIBIT P4 A TRUE COPY OF THE ORDER IN WP(C) NO. 6663/2015.** **RESPONDENT'S/S EXHIBITS:** ## **NIL** ## **//TRUE COPY//** YKB **PA TO JUDGE**