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2013 Supreme(Ker) 225

ANTONY DOMINIC
K. Siddique – Appellant
Versus
Tahsildar, Taluk Office, Malappuram – Respondent


Advocates Appeared:
For the Petitioner:K.S. Rajesh, M. Shaju Purushothaman, Advocates.
For the Respondents:Mrs. Jayasree Manoj, R3 & R4, N. Manoj Kumar, Advocates.

Judgment

1. Heard the learned counsel for the petitioner, the learned Government Pleader and the standing counsel appearing for respondents 3 and 4.

2. In 1995, the petitioner availed of a loan of Rs.57,000/-from respondents 3 and 4. He committed default and even according to respondents 3 and 4 requisition under Section 69(2) of the Revenue Recovery Act was issued for realising dues, only in the year 2007. Pursuant to the said requisition, Exts.P4 and P5 under the Revenue Recovery Act were issued for recovering Rs.1,84,198/-. It is challenging the recovery proceedings, the writ petition is filed.

3. Two contentions are raised. The first contention is that the petitioner has already paid the entire amount due and therefore, the recovery proceedings are illegal. This contention of the petitioner is answered in paragraph 6 of the counter affidavit filed by respondents 3 and 4, which reads thus:

"The various grounds urged in the writ petition are not tenable. The petitioner has only repaid an amount of Rs.27,780/-towards the loan account. The petitioner has not paid any amount after August, 1997. A sum of Rs.1,84,198/-was outstanding as balance as on 24.01.2008 and the respondents 3 a










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