SHANMUGHA GOUNDER Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) In this writ petition, the 1st petitioner, an Agriculturist, challenged Ext.P3(14) notice of demand and Ext.P5 notice of sale of immovable property. He also sought to quash Exts.P1, P2, P13, P14 and P16.

(2.) During the pendency of the writ petition, the 1st petitioner passed away. Petitioners 2 to 4 were thereafter impleaded as additional petitioners. Another legal heirs of the deceased was impleaded as additional 11th respondent.

(3.) The 1st petitioner stated that he is the absolute owner of 13.29 Acres of land in Survey Nos.132/2, 133/2, 133/3, 133/4, 133/5, 134/1, 134/2, 134/3 and 134/12 of Kozhinjampara Village of Chittur Taluk, Palakkad. On 16.05.2005, the 1st petitioner availed an agricultural loan of ?50,000/- from the 6th respondent-Bank. Repayment, which had to be made within one year, was not made. On 07.07.2012, Ext.P1 demand notice was issued to him under the Revenue Recovery Act for an amount of ?94,390/-. The requisition for the said revenue recovery was made 6 years after the date on which the amount fell due and hence the recovery is bad for limitation, contended the 1st petitioner.