2025:KER:27573 WP(C) No.9553 of 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN TUESDAY, THE 1 ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 WP(C) NO. 9553 OF 2025 PETITIONER: RATHEESH B AGED 37 YEARS S/O. BALAKRISHNAN T. R, THALASSERIL, PWD ROAD, KUMBALAM VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT,, PIN - 682506 BY ADVS. P.MOHAMED SABAH LIBIN STANLEY SAIPOOJA SADIK ISMAYIL R.GAYATHRI M.MAHIN HAMZA ALWIN JOSEPH BENSON AMBROSE RESPONDENTS: 1 THE KERALA STATE CO-OPERATIVE BANK LTD., (NOW KNOWN AS KERALA BANK) VYTTILA BRANCH, ERNAKULAM, REPRESENTED BY ITS SECRETARY., PIN - 682019 2 THE DISTRICT COLLECTOR ERNAKULAM, COLLECTORATE, KAKKANAD, ERNAKULAM DISTRICT,, PIN - 682030 2025:KER:27573 WP(C) No.9553 of 2025 2 3 THE TAHSILDAR KANAYANNUR TALUK OFFICE, PARK AVE, NEAR SUBASH PARK, MARINE DRIVE, KOCHI, PIN - 682030 4 THE DEPUTY TAHSILDAR KANAYANNUR TALUK OFFICE, PARK AVE, NEAR SUBASH PARK, MARINE DRIVE, KOCHI, PIN - 682011 5 THE VILLAGE OFFICER KUMBALAM VILLAGE, PANANGAD, ERNAKULAM DISTRICT, PIN - 682506 BY ADV K.AMMINIKUTTY, SC. SMT.RESMI THOMAS, GOVT. PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27573 WP(C) No.9553 of 2025 3 JUDGMENT The petitioner was guarantor to a loan availed by one Mr.Sooraj Kumar K.S, from the 1 st respondent Bank. He has filed this writ petition for the following reliefs: (a) Issue a Writ of Certiorari or any other appropriate Writ to call for the records leading to the issuance of Exhibit P1 Demand Notice initiating revenue recovery proceedings against the landed property of the petitioner having an extent of 2 Ares 7.00 Sq. m. under Thandapper No. 5357 in Old Sy. No. 158/7-4 in Kumbalam Village, Kanayannur Taluk, Ernakulam District; and quash the same as illegal. (b) Issue a Writ of Mandamus or any other appropriate Writ to the respondent Nos. 2 to 4 directing them to stop all the revenue recovery proceedings pertaining to the landed property of the petitioner having an extent of 2 Ares 25 Sq.m. under Thandapper No.7731 in Re. Sy. No. 109/16 in Kumbalam Village Kanayannur Taluk, Ernakulam District (c) Issue a Writ of Mandamus or any other appropriate Writ to the respondent No. 5 directing him to reissue the land tax receipt for the landed property of the petitioner having an extent of 2 Ares 25 Sq. m. under Thandapper No.7731 in Re. Sy. No. 109/16 in 2025:KER:27573 WP(C) No.9553 of 2025 4 Kumbalam Village Kanayannur Taluk, Ernakulam District, without endorsing any remarks pertaining to the revenue recovery proceedings. 2. When the writ petition came up for consideration today, Smt.K.Amminikutty, the learned Standing Counsel for the 1 st respondent Bank, on instructions, submits that the principal borrower has cleared the overdues in his loan account. It is also submitted that an intimation in that regard has been issued to the Village Officer concerned. It is further submitted that since the overdues have been cleared, they do not intend to proceed with revenue recovery proceedings. 3. In view of the above submissions, nothing survives to be considered in this writ petition. Accordingly, this writ petition is disposed of with a direction to the 5 th respondent to make necessary endorsements in the revenue records based on the letter issued by the Kerala Bank to the effect that the principal borrower has cleared the overdues. Sd/- MURALI PURUSHOTHAMAN JUDGE smp 2025:KER:27573 WP(C) No.9553 of 2025 5 APPENDIX OF WP(C) 9553/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE DEMAND NOTICE DATED 13.12.2023 BEARING RRC NO. 2023/23061/07 ISSUED BY THE DEPUTY TAHSILDAR, KANAYANNUR TALUK Exhibit P2 THE TRUE COPY OF THE ORDER DATED 06.09.2024 IN I.A. NO. 3217/2024 IN S.A. NO. 643/2024 ON THE FILE OF THE DEBTS RECOVERY TRIBUNAL, ERNAKULAM Exhibit P3 TRUE COPY OF THE LAND TAX RECEIPT NO. KL07021501499/2025 DATED 24.02.2025 ISSUED BY THE RESPONDENT NO. 5 Exhibit P4 TRUE COPY OF THE RELEVENT PAGE OF THE DOCUMENT ENCOMPASSING OF FAIR VALUE OF LAND IN KUMABALAM VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT, PUBLISHED IN THE OFFICIAL WEBSITE OF DEPARTMENT OF REGISTRATION, GOVERNMENT OF KERALA