SUBBALAKSHMI Vs. STATE OF KERALA

JUDGEMENT

(1.) In revenue recovery proceedings an extent of 30 cents of land was taken by the Government as bought in land which was done for realisation of the amounts due to the third and fourth respondent Banks from the husband of the petitioner. The petitioner is seeking to quash the order refusing restoration of the land, as per Ext.P6.

(2.) The details of the loan transactions have been given in paragraphs 1 and 2 of the writ petition. From the third respondent Bank the late husband of the petitioner Shri Gopalakrishnan had availed a loan for conducting a small trade under the self employment scheme in the year 1984. As on 29.11.1986 an amount of Rs.8,584/ - was due. The Bank also obtained a decree for the said amount on 6.2.1987. The fourth respondent is the State Bank of Travancore from whom he had availed a loan of Rs.9,000/ - for the installtion of a biogas plant during the end of 1984 which was to be repayable in 9 half yearly instalments commencing from May, 1985. It is averred in the writ petition that the fourth respondent Bank had written off the loan under the Kerala Rural Debt Relief Scheme. The benefit granted was to the tune of Rs.9,249/ - as on 15.9.1990. Later, the Bank initiated revenue recovery proceedings for realisation of the said amount in the light of the subsequent direction issued by the Reserve Bank of India that installation of biogas plant could not be included under the ARDR Scheme. The Canara Bank requested for initiation of revenue recovery proceedings for realising the amount as per the decree, in O.S. No.280/1996. Challenging the revenue recovery proceedings, the petitioner instituted O.S. No.477/1993 wherein the respective Banks were arrayed as defendants. During this period the property was bought to sale under the Revenue Recovery Act. It is averred that the petitioner's husband died of cancer in the year 2006. The bought in land is to the extent of 30 cents included in Block No.48 in R.S. No.85/5 of Kavassery -II Village. Ext.P3 is the application submitted by the petitioner before the Government for restoration of the land. It was also pointed out that the liabilities have been cleared substantially.

(3.) Ext.P4 is the copy of the communication issued by the Tahsildar dated 21.11.2008 addressed to the Manager of Canara Bank, viz. the third respondent herein, showing the arrears. The principal amount is Rs.6,950/ - and interest due is 12% per annum from 25.8.1986 apart from 5% collection charges. As far the State Bank of Tranvacore is concerned, the liability is to the tune of Rs.2,313/ - plus interest in 1999 and Ext.P5 is the copy of the notice. In Ext.P6 which is addressed to a Member of Parliament, Shri K.E. Ismail by the Principal Secretary to the Revenue Department, it is informed that the application for return of bought in land will have to be filed within a period of two years from the date of proclamation of the auction proceedings. The petitioner points out that in a like case, by Ext.P7 the Government has allowed the application submitted by one Shri A.K. Dorai Swamy. A reading of the said order will show that therein also the defaulter had paid the amount due to the Bank and filed an application for return of the property. After directing that collection charges and other expenses should be collected from the party concerned, the property was directed to be restored.