JANARDHANA SARALAYA Vs. SPECIAL DY TAHSILDAR

JUDGEMENT

(1.) The petitioners, who are agriculturists, pray for a direction to quash Exts.P4 to P8 notices issued under S.12 of the Kerala Revenue Recovery Act, by which the respondent Tahsildar has notified that the P.V.C. pipes and the arecanuts attached on 31-10-1989 shall be sold in public auction.

(2.) The petitioners had borrowed loans from the Agricultural Land Development Bank, Hosdurg, to purchase some agricultural equipments; Their only source of livelihood is the income derived from the agricultural operations. They defaulted in the repayment of loan. They intimated the concerned authorities by Exts.P1 to P3 that on account of failure of crops due to vagaries of monsoon and cyclonic weather, they were not in a position to repay the same. But, the respondent Tahsildar attached the properties and decided to sell them to recover the loan amount.

(3.) It is contended by the petitioners that the articles sought to be sold as per the notices Exts.P4 to P8 are implements of husbandry and they are essential for the irrigation of their lands. The P.V.C. pipes are used for the purpose of channelising water from the main water pump to the agricultural fields. They are therefore exempted from attachment and sale under S.9(d) of the Kerala Revenue Recovery Act, 1968, hereinafter referred to as the Act. Further, the petitioners filed a petition before the respondent on 9-2-1990 (Ext. P9) to release the same from attachment. But, the respondent did not pass any orders. Hence the petitioners have prayed that the sale notices may be quashed and the respondent may be directed to dispose of Ext. P9 representation.