RAJU Vs. STATE OF KERALA, REP.BY SECRETARY

JUDGEMENT

(1.) ON 13.05.2005, along with his wife, the fifth respondent availed of a loan of Rs.3 lakhs from the Kaduthuruthy Urban Co-operative Bank(hereinafter referred to as the 'Bank' for short). As security, he mortgaged 17.750 cents of land comprised in Survey No.170/15 of Manjoor Village. He committed default and therefore, the Bank initiated SARFAESI proceedings. Finally possession of the property was taken over on 14.03.2007.

(2.) IT is stated that on enquiry in the Village Office, the Bank came to know that on a requisition made by the fourth respondent, Revenue recovery proceedings were initiated against the 5th respondent for recovering Rs.12,73,698.00 and that the aforesaid property was attached on 14.03.2006. Coming to know of the same, the Bank made an appeal to the first respondent as provided under Section 72 of the Revenue Recovery Act.

(3.) NEITHER the fourth respondent nor anybody else challenged Ext.P2 order and this order therefore, has become final and binding on the parties.