P.M.Aboobacker vs Kerala Financial Corporation on 2 September, 2010

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Kerala High Court

P.M.Aboobacker vs Kerala Financial Corporation on 2 September, 2010

Bench: P.R.Ramachandra Menon

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 20290 of 2006(M)


1. P.M.ABOOBACKER, S/O. MOIDEENKUTTY P.K.,
                      ...  Petitioner
2. SMT. E.V.KHADEEJA, W/O. P.M.ABOOBACKER,

                        Vs



1. KERALA FINANCIAL CORPORATION,
                       ...       Respondent

2. THE DEPUTY TAHSILDAR (RR),

3. THE CHIEF MANAGER,

4. THE VILLAGE OFFICER,

5. P.K.VISWAMBHARAN @ VISWANATHA,

6. THE DISTRICT COLLECTOR,

                For Petitioner  :SRI.P.GOPINATH MENON

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.R.RAMACHANDRA MENON

 Dated :02/09/2010

 O R D E R
                    P.R.RAMACHANDRA MENON, J.
                           ---------------------------
                       W.P.(C) No. 20290 OF 2006
                           --------------------------
                Dated this the 2ndday of September, 2010

                             J U D G M E N T

When a proceeding of taking over is initiated under the SARFAESI Act, whether simultaneous proceeding under the Kerala Revenue Recovery Act is also permissible against the guarantors; is the main issue involved in this case.

2. The learned counsel for the petitioners fairly submits that the issue raised by the petitioners in this case stands clearly covered against them, by virtue of the judgment rendered by the Division Benches of this Court as reported in Usman v. Kerala Financial Corporation (2007 (2) KLT 604) and also in Shalini Ravindran v. Deputy Tahsildar (2010(2) KLT S.N. 7 Case No.8).

In the said circumstances, interference is declined and the writ petition is dismissed.

P.R.RAMACHANDRA MENON, (JUDGE) vps WPC. No. 2 WPC. No. 3

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