IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. GOPINATH P., J
V. GOPALAKRISHNAN – Appellant
Versus
DISTRICT COLLECTOR, KASARAGOD – Respondent
| Table of Content |
|---|
| 1. limits on recovery of time-barred debts. (Para 1 , 2) |
| 2. court's rationale for directing the government. (Para 3) |
| 3. final decisions regarding the disposition of the writ petition. (Para 4) |
JUDGMENT
The petitioner had availed an agricultural loan from the erstwhile Kasaragod district Co-operative Bank. According to the petitioner, the loan was availed on 26.07.1999. It is contended that after a long lapse of 15 years, Exts.P4 and P5 notices were issued under the Revenue Recovery Act, 1890. It is contended that the revenue recovery proceedings are barred by limitation. It is submitted that going by the law laid down by the Supreme Court in State of Kerala v. V.R.Kalliyanikutty , 1999 KHC 297 , revenue recovery proceedings cannot be initiated to recover time-barred debts. The petitioner filed objections to the revenue recovery proceedings. However, without considering the same, when attachment was levied on the property of the petitioner, he approached this Court by filing W.P(C)No.14647 of 2023, which was disposed of by Ext.P8 judgment directing the 1st respondent to consider Ext.P6 objections and pass orders thereon. According to the petitioner, the 1st respondent
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