BASHEER, J. :- This bunch of 5 cases - 2 writ appeals and 3 original petitions - has thrown up an important question for our consideration. Since the parties and issues involved are the same, we are disposing of these cases by this common judgment.

2. Can the State claim procedence or primacy for its debts over the claims of a secured creditor? To be a little more sdpeciic - Can the State enforce a statutory first charge on the propertyof a debtor, in preference to an existing mortgage in favour of a secured creditor ?

3. A brief reference to some of the essential facts is necessary to answer the above question.

4. M/s. Thomas Stephen and Company, Kollam (hereinafter referred to as "the Company") which was engaged in the manufacture and sale of roofing titles, bricks etc. had availed of various loans from Canara Bank at Thamarkkulam (for short, the Bank). The company had furnishe sufficient security for repayment of the debt, in addition to creation mortgage by deposit of title deeds of certain items of immovable property as a continuing collateral security. The mortgage was created, initially, on July 9, 1974 whcih was renewed from time to time.Since the Company defaulted