High Court Kerala High Court

Anwar P. vs The Tahsildar on 29 September, 2008

Kerala High Court
Anwar P. vs The Tahsildar on 29 September, 2008
       

  

  

 
 
  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.
                   --------------------------------------
                    W.P.C. NO. 9810 OF 2006 P
                   ---------------------------------------
                 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