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2015 Supreme(Ker) 1004

A.K.JAYASANKARAN NAMBIAR
Thrissur District Co-Op. Bank Ltd. , Thrissur, represented by its General Manager – Appellant
Versus
State of Kerala, represented by The Secretary to Government, Revenue(H) Department, Secretariat – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: SRI.P.C.SASIDHARAN, SRI.C.A.MAJEED
For the Respondent: SRI. K.P.DANDAPANI (SR.), SRI. MILLU DANDAPANI, SMT. LILLY K.T., SRI.V.V. SIDHARTHAN (SR.), SRI.K.V. PRAKASAN, SRI.D.G. VIPIN

Judgment :

The petitioner is a Co-operative Bank established under the Cooperative Societies Act. It had granted a cash credit of 10 lakhs each to respondents 5 to 8 on 02.03.1995. The advancement of cash credit was against security taken on 3.36 acres of land in Sy.No.251/2 of Perinjanam village that was owned by the 9th respondent. The said land was mortgaged to the bank by deposit of title deeds. On default of repayment committed by respondents 5 to 8, the bank filed A.R.C.No.182/97 to 185/97 and obtained Exts.P2 and P3 awards in its favour. In the meanwhile, however, the mortgaged land was attached by revenue authorities in connection with sales tax dues of the respondents 5 to 8 who were engaged in abkari business. It is revealed from the facts in the writ petition that, the 9th respondent was also a partner in the said business. By Ext.P4 notice dated 19.04.1997, the respondent bank informed respondents 3 to 10 of the banks first charge over the property. The Tahsildar, the 4th respondent herein, effected a sale of the property pursuant to the attachment by the revenue authorities and the property was sold in two plots. The plot comprising of 54.495 cents was sold for an amou









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