Kerala High Court
Jinisha T vs Canara Bank on 1 November, 2017
Author: Shaji P.Chaly
Bench: Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 22ND DAY OF MARCH 2018 / 1ST CHAITHRA, 1940
WP(C).No. 1434 of 2018
PETITIONER(S):
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1 JINISHA T.
D/O.PUSHPANGADAN, AGED 30 YEARS,
RESIDING AT SHEEJA NILAYAM, KARATT HOUSE,
P.O.CHETTIPPADI-676319, MALAPPURAM DISTRICT.
2 SHEEJA
W/O.PUSHPANGADAN, AGED 49 YEARS,
RESIDING AT SHEEJA NILAYAM, KARATT HOUSE,
P.O.CHETTIPPADI-676319, MALAPPURAM DISTRICT.
BY ADVS.SMT.SUMATHY DANDAPANI (SR.)
SRI.MILLU DANDAPANI
RESPONDENT(S):
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1. CANARA BANK
REPRESENTED BY MANAGER, ANANGADI BRANCH,
VALLIKKUNNU P.O.,
MALAPPURAM DISTRICT-673314.
2. DEPUTY TAHSILDAR (REVENUE RECOVERY)
TIRURANGADI, MALAPPURAM DISTRICT-676306.
3. STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT,
FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
4. DISTRICT COLLECTOR
COLLECTORATE, MALAPPURAM-676505.
R1 BY SRI.PAULY MATHEW MURICKEN,SC,CANARA BAN
R2 TO R4 BY GOVERNMENT PLEADER SMT.VINITHA B
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-03-2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 1434 of 2018 (D)
APPENDIX
PETITIONER(S)' EXHIBITS:
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EXHIBIT P1 TRUE COPY OF THE REGISTERED NOTICE SENT ON
BEHALF OF MANAGER, CANARA BANK IN THE NAME OF
THE PETITIONERS DATED 1-11-2017.
EXHIBIT P2 TRUE COPY OF THE LAWYER NOTICE ISSUED ON
BEHALF OF THE BANK TO THE PETITIONERS 10-11-2017.
EXHIBIT P3 TRUE COPY OF THE LETTER
NO.MSCR/ANGD/NPA/EL/8693/2017/SPS DT.24-11-2017.
EXHIBIT P3(A) TRUE COPY OF THE COVERING ISSUED BY THE
PRINCIPAL GOVT. MEDICAL COLLEGE TO THE 1ST
PETITIONER LETTER DT.5-12-2017.
EXHIBIT P4 TRUE COPY OF THE REVENUE RECOVERY PROCEEDINGS
INITIATED UNDER RULE 7 BY THE DEPUTY TAHSILDAR
(RR), TIRURANGADI DTD. 11-12-2017.
EXHIBIT P4(A) TRUE COPY OF THE NOTICE ISSUED BY THE UNDER
SECTION 34 OF THE REVENUE RECOVERY ACT DTD.
DEPUTY TAHSILDAR (RR), TIRURANGADI
DTD.11-12-2017.
EXHIBIT P5 TRUE COPY OF THE SRO NO.797 OF 79.
EXHIBIT P6 TRUE COPY OF THE G.O.(P)NO.65/2017/FIN. DTD.16-5-2017
ALONG WITH GUIDELINES IN EDUCATION LOAN
REPAYMENT SUPPORT SCHEME.
EXHIBIT P7 TRUE COPY OF THE G.O.(P) NO.89/2017/FIN. DATED
12-7-2017.
EXHIBIT P8 TRUE COPY OF THE CIRCULAR NO.67/2017/FIN. DATED
2-8-2017.
EXHIBIT P9 TRUE COPY OF THE REPRESENTATION SUBMITTED
BEFORE THE DISTRICT COLLECTOR, MALAPPURAM
DTD.18-12-2017.
RESPONDENT(S)' EXHIBITS:
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ANNEXURE R1[A]. PHOTOCOPY OF THE MASTER CIRCULAR ISSUED BY THE
RESERVE BANK OF INDIA DATED 1.7.14.
ANNEXURE R1[B]. PHOTOCOPY OF THE SRO NO.1465/1987 DATED 13.10.1987
ISSUED BY THE 3RD RESPONDENT.
WP(C).No. 1434 of 2018 (D)
ANNEXURE R1[C]. PHOTOCOPY OF THE SRO NO.700/99 PUBLISHED AS
G.O[MS].NO.306/99/RD DATED 30.07.1999.
//TRUE COPY//
P.A. TO JUDGE
dlk/22/3/18
SHAJI P. CHALY, J.
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W.P.(C). No.1434 of 2018
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Dated this the 22nd day of March, 2018
JUDGMENT
This writ petition is filed by the petitioners seeking the following reliefs:-
b