Kerala High Court
M/S. Lekshmi Enterprises vs State Of Kerala on 28 March, 2011
Author: Antony Dominic
Bench: J.Chelameswar, Antony Dominic
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 803 of 2008()
1. M/S. LEKSHMI ENTERPRISES,
... Petitioner
2. K. RADHAKRISHNA PILLAI,
3. MRS. K.VASANTHA KUMARI,
Vs
1. STATE OF KERALA,
... Respondent
2. THE DEPUTY TAHSILDAR (RR),
3. THE ING VYSYA BANK,
For Petitioner :SRI.SREELAL N.WARRIER
For Respondent :SRI.K.K.JOHN
The Hon'ble the Chief Justice MR.J.CHELAMESWAR
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :28/03/2011
O R D E R
J. CHELAMESWAR, C.J & ANTONY DOMINIC,J.
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W.A. No. 803 OF 2008
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Dated this the 28th day of March, 2011
J U D G M E N T
Antony Dominic,J Revenue Recovery proceedings initiated by the third respondent Bank against the appellants for recovering the loan availed by the Ist appellant from the Bank was called in question before this court. By judgment dated 11.1.2008 rendered in WP
(c).No.27068/06, the learned single Judge upheld the competence of the Bank to initiate revenue recovery proceedings. It is challenging the said judgment, the appeal has been filed.
2. When the appeal came up for orders, based on the instructions obtained from the District Collector, Kollam, the learned Government Pleader reiterated that by communication dated 18.10.2008, the Bank itself has recalled the revenue recovery requisition. It is submitted that based on the said communication, the revenue recovery proceedings initiated against the appellants have been withdrawn.
3. In view of this statement made by the learned Government Pleader, it is unnecessary to go into the merits of the WA.No. 803/08 :2 : contentions raised in the appeal. Therefore, we record the submission made by the learned Government Pleader and on that basis, the Writ Appeal is closed.
4. We clarify that in case the Bank initiates revenue recovery proceedings against the appellants, it will be open to them to challenge such proceedings and for that purpose, the contentions raised by them in this appeal are all left open.
Writ Appeal is disposed of as above.
( J. CHELAMESWAR) CHIEF JUSTICE (ANTONY DOMINIC) JUDGE vi/