JAYAPALAN Vs. KERALA FINANCIAL CORPORATION

JUDGEMENT

(1.) QUESTION involved in this case is as to whether respondent-Corporation is justified in invoking the provisions of the Kerala revenue Recovery Act for realisation of the amount due from the petitioner, without complying with the provisions of S. 32-G of the State Financial corporations Act, 1951. ,

(2.) GOVERNMENT of Kerala, in exercise of the powers conferred by S. 71 of the Kerala Revenue Recovery Act, declared the provisions of the Act would be applicable to the recovery of amounts due from any person or class of persons to the Kerala Financial Corporation. By virtue of the said notification, proceedings were initiated to attach the property of the petitioner and Corporation took steps to recover the amount due to it.

(3.) A notice of demand was served on the petitioner, and sufficient time was given as per S. 34 of the Revenue Recovery Act, petitioner did not file any objection to the said notice, nor did he pay the arrears. Second respondent therefore, issued a notice of attachment as contemplated under S. 36 of the Revenue Recovery Act. Petitioner then approached this Court and filed O. P. No. 2006 of 1995 and the said Original Petition was dismissed. Petitioner has now approached mis Court for identical relief, but with a contention that respondents have no legal right to proceed under the Revenue Recovery Act without complying with S. 320 of the State Financial Corporations Act, 1951. It is therefore, necessary to examine the provisions of the State Financial corporations Art