Karshaka Sanghatna Aykyavedi vs K.P. Muhammad Basheer on 11 February, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 2880 of 2009()


1. KARSHAKA SANGHATNA AYKYAVEDI,
                      ...  Petitioner
2. THOMAS MATHEW, THURUTHIPARA HOUSE,

                        Vs



1. K.P. MUHAMMAD BASHEER, S/O. KUTTYALI,
                       ...       Respondent

2. THE DEPUTY GENERAL MANAGER (AUTHORISED

3. KANNUR DISTROCT CO-OPERATIVE BANK LTD.,

                For Petitioner  :SRI.P.C.THOMAS

                For Respondent  :SRI.P.NARAYANAN,SC,KANNUR DIST.CO.OP.BA

The Hon'ble the Acting Chief Justice MR.P.R.RAMAN
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :11/02/2010

 O R D E R
                       P.R.RAMAN, Ag.C.J.
                                      &
            THOTTATHIL B.RADHAKRISHNAN, J.
                  -------------------------------------------
                      W.A.No.2880 OF 2009
                  -------------------------------------------
            Dated this the 11th day of February, 2010


                              JUDGMENT

Thottathil B.Radhakrishnan, J.

This writ appeal has been filed with leave being granted to

challenge the judgment in W.P(C).15135/09 holding that rubber

plantations are not agricultural lands to which Section 31(i) of

the SARFAESI Act applies. By separate judgment delivered

today, the said judgment has been vacated in W.A.No.155/2010.

Following that, this writ appeal would also stand allowed to the

extent of the declaration of law made in the said judgment. It is

clarified that the questions of facts regarding the identity of

property etc. will depend upon the facts and materials in each

case.

Sd/-

P.R.RAMAN, Ag.Chief Justice.

Sd/-

THOTTATHIL B.RADHAKRISHNAN,
Judge.

kkb.