IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 9810 of 2006(P)
1. ANWAR P., S/O. E.V.ABDUL MAJEED,
... Petitioner
Vs
1. THE TAHSILDAR, CHAVAKKAD,
... Respondent
2. THE CATHOLIC SYRIAN BANK,
For Petitioner :SRI.JIJO PAUL
For Respondent :SRI.C.A.JOY
The Hon'ble MR. Justice K.M.JOSEPH
Dated :29/09/2008
O R D E R
K. M. JOSEPH, J.
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W.P.C. NO. 9810 OF 2006 P
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Dated this the 29th September, 2008
JUDGMENT
Petitioner challenges Exts.P1 and P2. Petitioner availed a
loan. According to petitioner, it was availed about twentyone
years back. Recovery is barred and yet, Exts.P1 and P2 are
issued, it is stated, under the Revenue Recovery Act. A Counter
Affidavit has been filed on behalf of the second respondent
Bank, inter alia, stating that there is suppression of material
facts. It is stated that the petitioner availed machinery loan in
1997 and subsequently a Decree was passed in OS No.1181/92
by the Sub Court, Thrissur in the year 1996 and it is in such
circumstances, recovery proceedings have been initiated. It is
not in dispute that the petitioner has been unable to comply with
the interim order also. Having regard to the materials brought
on record, there is no merit in the Writ Petition and it is
dismissed.
Sd/=
K. M. JOSEPH, JUDGE
kbk.
// True Copy //
PS to Judge