SHYNI M.J. Vs. BINOY JOSEPH AND ORS.

JUDGEMENT

(1.) Challenge in this writ appeal is to the correctness of the judgment in W.P.(C)No.38035 of 2017 dtd. 3/2/2020, by which, the writ court, after accepting the submission of the appellant, to pay the outstanding amount to the 3rd respondent Bank in ten instalments, ordered thus:

(2.) Being aggrieved, instant writ appeal is filed. One of the grounds of challenge made in the appeal is that the writ court failed to consider the dictum of the Hon'ble Supreme Court in State of Kerala & Others v. Y.R.Kalliyanikutty & Another reported in 1999 KHC 297 wherein the Hon'ble Supreme Court held that revenue recovery proceedings is not permissible when recovery becomes otherwise illegal.

(3.) Material on record discloses that before the writ court, contention has been made that the recovery proceedings initiated at the instance of the Kerala Gramin Bank (respondent No.3) is barred by limitation.