Kerala Revenue recovery requisions amounting more tha Rs 20 Lakhs need not be entertained by Collector - James joseph Adhikarathil

Jamesadhikaram land matter consultancy 9447464502
Jamesadhikaram land matter consultancy 9447464502Land Matter Consultant 9447464502 jamesadhikaram land consultncy Kottayam Kerala , Former DeputyCollector,Kerala Land RevenueDepartment. um Jamesadhikaram land matter consultancy 9447464502

Kerala Revenue recovery requisions amounting more tha Rs 20 Lakhs need not be entertained by Collector - James joseph Adhikarathil

S595
No:REV-H3/93/2023/REV
GOVERNMENT OF KERALA
CIRCULAR
Sub: Revenue Department - Recovery of amounts due from any person or class ot
persons to any bank (nationalizcd, commercial and scheduled Banks including
Kerala Bank) above 20 lakhs on account of any loan advanced by that bank
under various development schemes in light ofjudgment dated 28.06.2019 in
WP(c) 34703/2017- Guidelines issued-Reg
Ref: 1. Notification No. 54415/S3/86/RD dated 13.10.1987
2. GO (Rt) No.1604/14/RD dated 21/03/2014
Revenue (H) Department
Thiruvananthapuram,
Dated:02-07-2023
3. Notification No. S.O. 4312E) dated 06.09.2018 issued by the Ministry of
Finance, Government ofIndia
Judgment dated 28.06.2019 of the Honble High Court in WP(C) 34703/2017
by shri Mahfooz Rahim &anoth¹r
S. Legal Opinion dated 17.01.2022 &21.10.2022 from Shri SRanjith, Special
Govt, Pleader to AAG
6. Govt. Letter No.H3/93/2023/Rev dated 09/03/2023
As per the Notification No. 54415/S3/86/RD dated 13.10.1987 and published in the
Kerala Gazette No. 45 dated 17.10.1987 (SRO 1465/87) referred 1st above, Government
declared that the provisions ofSection 71 ofthe Kerala Revenue RecoveryAct, 1968 shall
be applicable to the recovery of all kinds of loans advanced by banks under various
development schemes, in the interest ofbanking development in the State and with aview
to removing impediments to the flow ofcreditfrom banks.
2. As per the G.O referred 2nd above, it is clarificd that notification in SRO 1465/87 is in
rospect of ollbanks whether public or privaie provided"Bank" shall satisfy the conditions
laid down in the notification and the loars cligible being considered for revenue recovery
through Revenue Department shall be development loans.
3. Subsection (4) of section 1of the Rccovery of Debts and Bankruptcy Act, 1993
specifies that if the amount of debt due to any bank or financial institution or to a
consortium ofbanks or financial institutions is more than ten lakh rupees then the secured
Creditar or financialinstitutions have to approach the Debt RecoveryTribunal for the
recovery oftheir dues. The limit often lakh rupees is enhanced to rupees twenty lakh as per
Notification No. S.O. 4312(E) dated 06.09.2018 referred 3rd above.
28
4. WP(c) 34703/2017 bad been filed by Shri. Mebafooz Rahimn against the action taken
by various Banks for recovery of amounts over Rs.10 lakhs allegedly due from the
petitioners, under the provisions of the Revenue Recovery Act. The Hon'ble High Court in
the common judgment dated 28/06/2019 in WP(c) 34703/2017 &contected cases referred
4th above has ordered the concerned Authoritics under the Revenue Recovery Act to cease
all further action as per the impugned requisitions made to them for recovery of dcbts
which are more than Rs.10 lakbs but leave full liberty to the banks to invoke and pursue
remedies under thc RDB Act and also the Bank can invoke SARFAESI Act entitled to do,
in terms oflaw.
5. The Special Government Pleader to AAG in the Legal Opinion referred 5th above has
informed that the Court has passed ajudgment finding that as per the Recovery of Debts
and BankTuptcyAct, 1993 (RDB Act), the jurisdiction ofthe Debts Recovery Tribunal has
been described and as per Section 1(4) ofthe Recovery of Debts and Bankruptcy Act, ifthe
amount of the Debt due to from any person is more than Rupees 10 Lakhs, the Secured
Creditor or the financial institutions have to approach the Debt Recovery Tribunal for the
recovery of their dues. The said contentions of the petitioners in the writ petitions were
upheld by the Honble Court. The Court bas found that in view of Section 17 of the RDBA
Act, if any amount for recovery is more than Rupecs Ten Lakhs, the Debt Recovery
Tribunal constituted under the Act has the jurisdiction, and Section 18 of the Act empowers
bar of any other person or authority to exercise itsjurisdiction. Section 34 of the RDB Act,
also excludes the jurisdiction. The Hon bleCourt has also relied on various decisions of the
Hon'ble High Court and Hon ble Supreme Court also. The Special Government Pleader to
AAG has also reported that the Hon'ble Division Bench in WA864/2022 judgment filed by
the State against the judgments of the Single Judge in revenue recovery proceedings were
taken for hearing considering the judgment of the Hon'ble Supreme Court in M/s. Unique
Butyle Tube Industries Private Ltd. Vs UP Financial Corporation and others reported in
2003 (2) SCC 455S. The Court has observed that the revemue recovery proceedings will not
lie as the amount is more than 20 Lakhs and as such the revenue recovery proOceedings
cannot be initiated.
6. As per the letter referred 6th above nccessary directions have been issued for
returning revenue recovery requisitions above 20 lakhs except for the cases in Kerala Bank,
cases under consideration before the Courts and already granted installments to the
requisition authority concerned.
7. In the light ofthe judgments referred above and subsequent Lcgal opinion received,
all District Collectors/Tahsildars are directed not to proceed with the recovery ofamounts
due from any person or class of persons to any bank (nationalized, commnercial and
scheduled Banks includingKerala Baak) above20 lakhs in future on account of any loan
advanced by that bank under various development schemes.
Forwarded/ By order,
Slgned by
Laksani.Pgyeiicer
Date;03-07-202312:44:33
To:
TINKU
BISWAL#
(1) The Land Revenue Còmmissioner, Tvpm

Recomendados

DRT and DRAT has been of immense help to the bank and the borrower. von
DRT and DRAT has been of immense help to the bank and the borrower.DRT and DRAT has been of immense help to the bank and the borrower.
DRT and DRAT has been of immense help to the bank and the borrower.Raju Samanta
162 views11 Folien
Will secured creditor have priority over income-tax arrears? - V. K. Subramani von
Will secured creditor have priority over income-tax arrears? - V. K. SubramaniWill secured creditor have priority over income-tax arrears? - V. K. Subramani
Will secured creditor have priority over income-tax arrears? - V. K. SubramaniD Murali ☆
616 views5 Folien
INTERPLAY OF SOME OF THE RECENT JUDGMENTS UNDER IBC.pdf von
INTERPLAY OF SOME OF THE RECENT JUDGMENTS UNDER IBC.pdfINTERPLAY OF SOME OF THE RECENT JUDGMENTS UNDER IBC.pdf
INTERPLAY OF SOME OF THE RECENT JUDGMENTS UNDER IBC.pdfEconomic Laws Practice
14 views24 Folien
2019.pdf von
2019.pdf 2019.pdf
2019.pdf mrchavan143
40 views11 Folien
NavyaChopra- Enforcement of Security Interest under SARFAESI Act.pptx von
NavyaChopra- Enforcement of Security Interest under SARFAESI Act.pptxNavyaChopra- Enforcement of Security Interest under SARFAESI Act.pptx
NavyaChopra- Enforcement of Security Interest under SARFAESI Act.pptxLEDROIT1
10 views8 Folien
January 2017 newsletter von
January 2017 newsletterJanuary 2017 newsletter
January 2017 newsletterUtsav Shah & Associates
40 views13 Folien

Más contenido relacionado

Similar a Kerala Revenue recovery requisions amounting more tha Rs 20 Lakhs need not be entertained by Collector - James joseph Adhikarathil

IBC PRESENTATION von
IBC PRESENTATIONIBC PRESENTATION
IBC PRESENTATIONBrijesh Gupta
531 views33 Folien
Acquisory news bytes 13.04.2016 von
Acquisory news bytes 13.04.2016Acquisory news bytes 13.04.2016
Acquisory news bytes 13.04.2016Acquisory Consulting LLP
247 views6 Folien
Acquisory news bytes 22 June 2016 von
Acquisory news bytes 22 June 2016Acquisory news bytes 22 June 2016
Acquisory news bytes 22 June 2016Acquisory Consulting LLP
204 views6 Folien
Recent IBC Judgments (July, 2021 to August, 2021) von
Recent IBC Judgments (July, 2021 to August, 2021)Recent IBC Judgments (July, 2021 to August, 2021)
Recent IBC Judgments (July, 2021 to August, 2021)richasaraf6
93 views18 Folien
2. yap-v-commission-on-audit von
2. yap-v-commission-on-audit2. yap-v-commission-on-audit
2. yap-v-commission-on-auditkarlcredo1
63 views10 Folien
Note on the Insolvency and Bankruptcy Code, 2016 von
Note on the Insolvency and Bankruptcy Code, 2016Note on the Insolvency and Bankruptcy Code, 2016
Note on the Insolvency and Bankruptcy Code, 2016Shaun Menon
849 views19 Folien

Similar a Kerala Revenue recovery requisions amounting more tha Rs 20 Lakhs need not be entertained by Collector - James joseph Adhikarathil (20)

Recent IBC Judgments (July, 2021 to August, 2021) von richasaraf6
Recent IBC Judgments (July, 2021 to August, 2021)Recent IBC Judgments (July, 2021 to August, 2021)
Recent IBC Judgments (July, 2021 to August, 2021)
richasaraf693 views
2. yap-v-commission-on-audit von karlcredo1
2. yap-v-commission-on-audit2. yap-v-commission-on-audit
2. yap-v-commission-on-audit
karlcredo163 views
Note on the Insolvency and Bankruptcy Code, 2016 von Shaun Menon
Note on the Insolvency and Bankruptcy Code, 2016Note on the Insolvency and Bankruptcy Code, 2016
Note on the Insolvency and Bankruptcy Code, 2016
Shaun Menon849 views
RBI GUIDELINES: RESOLUTION OF STRESSED ASSETS DATED 12 FEBRUARY 2018 von GK Dutta
RBI GUIDELINES: RESOLUTION OF STRESSED ASSETS DATED 12 FEBRUARY 2018RBI GUIDELINES: RESOLUTION OF STRESSED ASSETS DATED 12 FEBRUARY 2018
RBI GUIDELINES: RESOLUTION OF STRESSED ASSETS DATED 12 FEBRUARY 2018
GK Dutta485 views
Insolvency and Bankruptcy Code Analysis Of A Selected Few Orders- Part II von Shruti Jadhav
Insolvency and Bankruptcy Code Analysis Of A Selected Few Orders- Part IIInsolvency and Bankruptcy Code Analysis Of A Selected Few Orders- Part II
Insolvency and Bankruptcy Code Analysis Of A Selected Few Orders- Part II
Shruti Jadhav524 views
Companies Act 2013 and the draft Rules towards better corporate Governance von Neha Sharma
Companies Act 2013 and the draft Rules towards better corporate GovernanceCompanies Act 2013 and the draft Rules towards better corporate Governance
Companies Act 2013 and the draft Rules towards better corporate Governance
Neha Sharma167 views
Newsletter on daily professional updates- 4th December 2019 von CA PRADEEP GOYAL
Newsletter on daily professional updates- 4th December 2019Newsletter on daily professional updates- 4th December 2019
Newsletter on daily professional updates- 4th December 2019
CA PRADEEP GOYAL22 views
Indian economy towards growth momentum strategic moves needed von Neha Sharma
Indian economy towards growth momentum strategic moves neededIndian economy towards growth momentum strategic moves needed
Indian economy towards growth momentum strategic moves needed
Neha Sharma239 views
Indian economy towards growth momentum strategic moves needed von Neha Sharma
Indian economy towards growth momentum strategic moves neededIndian economy towards growth momentum strategic moves needed
Indian economy towards growth momentum strategic moves needed
Neha Sharma236 views
Concept of securitization – recent trends, securitization of ipr, & overveiw ... von Manikantan iyer
Concept of securitization – recent trends, securitization of ipr, & overveiw ...Concept of securitization – recent trends, securitization of ipr, & overveiw ...
Concept of securitization – recent trends, securitization of ipr, & overveiw ...
Manikantan iyer3.3K views
Taxability of Receipts under section 68 of Income Tax Act, 1961.pptx von taxguruedu
Taxability of Receipts under section 68 of Income Tax Act, 1961.pptxTaxability of Receipts under section 68 of Income Tax Act, 1961.pptx
Taxability of Receipts under section 68 of Income Tax Act, 1961.pptx
taxguruedu21 views
Expectation from the new government von Neha Sharma
Expectation from the new governmentExpectation from the new government
Expectation from the new government
Neha Sharma210 views

Más de Jamesadhikaram land matter consultancy 9447464502

Kerala Building tax act 1975 modified 2023 James Joseph Adhikarathil von
Kerala Building tax act 1975 modified 2023 James Joseph AdhikarathilKerala Building tax act 1975 modified 2023 James Joseph Adhikarathil
Kerala Building tax act 1975 modified 2023 James Joseph AdhikarathilJamesadhikaram land matter consultancy 9447464502
7 views9 Folien
Family member certificate not needed for registration James Joseph Adhikara... von
Family member certificate not needed for registration   James Joseph Adhikara...Family member certificate not needed for registration   James Joseph Adhikara...
Family member certificate not needed for registration James Joseph Adhikara...Jamesadhikaram land matter consultancy 9447464502
8 views2 Folien
michabhoomi KLR Act Land Board procedures James Joseph Adhikarathil von
michabhoomi KLR Act Land Board procedures  James Joseph Adhikarathilmichabhoomi KLR Act Land Board procedures  James Joseph Adhikarathil
michabhoomi KLR Act Land Board procedures James Joseph AdhikarathilJamesadhikaram land matter consultancy 9447464502
33 views20 Folien

Más de Jamesadhikaram land matter consultancy 9447464502(20)

Último

Support a Child Bright Future kurnool von
Support a Child Bright Future kurnoolSupport a Child Bright Future kurnool
Support a Child Bright Future kurnoolSERUDS INDIA
8 views3 Folien
AABS project overview von
AABS project overviewAABS project overview
AABS project overviewWorldFish
23 views17 Folien
Taking care of the elders von
Taking care of the eldersTaking care of the elders
Taking care of the eldersSERUDS INDIA
6 views6 Folien
A terrorist threat originating from Qatar. von
A terrorist threat originating from Qatar.A terrorist threat originating from Qatar.
A terrorist threat originating from Qatar.fasurijobaf
7 views1 Folie
Dr Jean Paul Latyr FAYE - 2023 ReSAKSS Conference.pptx von
Dr Jean Paul Latyr FAYE - 2023 ReSAKSS Conference.pptxDr Jean Paul Latyr FAYE - 2023 ReSAKSS Conference.pptx
Dr Jean Paul Latyr FAYE - 2023 ReSAKSS Conference.pptxAKADEMIYA2063
8 views24 Folien
Autumn (Statement) Watch von
Autumn (Statement) WatchAutumn (Statement) Watch
Autumn (Statement) WatchResolutionFoundation
269 views18 Folien

Último(20)

Support a Child Bright Future kurnool von SERUDS INDIA
Support a Child Bright Future kurnoolSupport a Child Bright Future kurnool
Support a Child Bright Future kurnool
SERUDS INDIA8 views
AABS project overview von WorldFish
AABS project overviewAABS project overview
AABS project overview
WorldFish23 views
A terrorist threat originating from Qatar. von fasurijobaf
A terrorist threat originating from Qatar.A terrorist threat originating from Qatar.
A terrorist threat originating from Qatar.
fasurijobaf7 views
Dr Jean Paul Latyr FAYE - 2023 ReSAKSS Conference.pptx von AKADEMIYA2063
Dr Jean Paul Latyr FAYE - 2023 ReSAKSS Conference.pptxDr Jean Paul Latyr FAYE - 2023 ReSAKSS Conference.pptx
Dr Jean Paul Latyr FAYE - 2023 ReSAKSS Conference.pptx
AKADEMIYA20638 views
Social behavioural change to drive community ownership_ Divyang Waghela_Tata ... von India Water Portal
Social behavioural change to drive community ownership_ Divyang Waghela_Tata ...Social behavioural change to drive community ownership_ Divyang Waghela_Tata ...
Social behavioural change to drive community ownership_ Divyang Waghela_Tata ...
Dr. Ousmane Badiane - 2023 ReSAKSS Conference.pptx von AKADEMIYA2063
Dr. Ousmane Badiane - 2023 ReSAKSS Conference.pptxDr. Ousmane Badiane - 2023 ReSAKSS Conference.pptx
Dr. Ousmane Badiane - 2023 ReSAKSS Conference.pptx
AKADEMIYA20637 views
Moving up into upper secondary by Hannah Kitchen - OECD Education Webinar 23N... von EduSkills OECD
Moving up into upper secondary by Hannah Kitchen - OECD Education Webinar 23N...Moving up into upper secondary by Hannah Kitchen - OECD Education Webinar 23N...
Moving up into upper secondary by Hannah Kitchen - OECD Education Webinar 23N...
EduSkills OECD83 views
Arrow Adoption Training for Kinship Families von ArrowMarketing
Arrow Adoption Training for Kinship FamiliesArrow Adoption Training for Kinship Families
Arrow Adoption Training for Kinship Families
ArrowMarketing40 views
Mrs. Tsitsi Makombe - 2023 ReSAKSS Conference von AKADEMIYA2063
Mrs. Tsitsi Makombe - 2023 ReSAKSS Conference Mrs. Tsitsi Makombe - 2023 ReSAKSS Conference
Mrs. Tsitsi Makombe - 2023 ReSAKSS Conference
AKADEMIYA20635 views
Ms. Julie Collins - 2023 ReSAKSS Conference.pptx von AKADEMIYA2063
Ms. Julie Collins - 2023 ReSAKSS Conference.pptxMs. Julie Collins - 2023 ReSAKSS Conference.pptx
Ms. Julie Collins - 2023 ReSAKSS Conference.pptx
AKADEMIYA206310 views
Dr Getaw Tadesse - 2023 ReSAKSS Conference .pptx von AKADEMIYA2063
Dr Getaw Tadesse - 2023 ReSAKSS Conference .pptxDr Getaw Tadesse - 2023 ReSAKSS Conference .pptx
Dr Getaw Tadesse - 2023 ReSAKSS Conference .pptx
AKADEMIYA20639 views
IEA Report: The Oil and Gas Industry in NetZero Transitions von Energy for One World
IEA Report: The Oil and Gas Industry in NetZero TransitionsIEA Report: The Oil and Gas Industry in NetZero Transitions
IEA Report: The Oil and Gas Industry in NetZero Transitions
ΕΚΘΕΣΗ ΚΟΜΙΣΙΟΝ ΓΙΑ ΤΟΥΡΚΙΑ von ssuser9e6212
ΕΚΘΕΣΗ ΚΟΜΙΣΙΟΝ ΓΙΑ ΤΟΥΡΚΙΑΕΚΘΕΣΗ ΚΟΜΙΣΙΟΝ ΓΙΑ ΤΟΥΡΚΙΑ
ΕΚΘΕΣΗ ΚΟΜΙΣΙΟΝ ΓΙΑ ΤΟΥΡΚΙΑ
ssuser9e6212169 views

Kerala Revenue recovery requisions amounting more tha Rs 20 Lakhs need not be entertained by Collector - James joseph Adhikarathil

  • 1. S595 No:REV-H3/93/2023/REV GOVERNMENT OF KERALA CIRCULAR Sub: Revenue Department - Recovery of amounts due from any person or class ot persons to any bank (nationalizcd, commercial and scheduled Banks including Kerala Bank) above 20 lakhs on account of any loan advanced by that bank under various development schemes in light ofjudgment dated 28.06.2019 in WP(c) 34703/2017- Guidelines issued-Reg Ref: 1. Notification No. 54415/S3/86/RD dated 13.10.1987 2. GO (Rt) No.1604/14/RD dated 21/03/2014 Revenue (H) Department Thiruvananthapuram, Dated:02-07-2023 3. Notification No. S.O. 4312E) dated 06.09.2018 issued by the Ministry of Finance, Government ofIndia Judgment dated 28.06.2019 of the Honble High Court in WP(C) 34703/2017 by shri Mahfooz Rahim &anoth¹r S. Legal Opinion dated 17.01.2022 &21.10.2022 from Shri SRanjith, Special Govt, Pleader to AAG 6. Govt. Letter No.H3/93/2023/Rev dated 09/03/2023 As per the Notification No. 54415/S3/86/RD dated 13.10.1987 and published in the Kerala Gazette No. 45 dated 17.10.1987 (SRO 1465/87) referred 1st above, Government declared that the provisions ofSection 71 ofthe Kerala Revenue RecoveryAct, 1968 shall be applicable to the recovery of all kinds of loans advanced by banks under various development schemes, in the interest ofbanking development in the State and with aview to removing impediments to the flow ofcreditfrom banks. 2. As per the G.O referred 2nd above, it is clarificd that notification in SRO 1465/87 is in rospect of ollbanks whether public or privaie provided"Bank" shall satisfy the conditions laid down in the notification and the loars cligible being considered for revenue recovery through Revenue Department shall be development loans. 3. Subsection (4) of section 1of the Rccovery of Debts and Bankruptcy Act, 1993 specifies that if the amount of debt due to any bank or financial institution or to a consortium ofbanks or financial institutions is more than ten lakh rupees then the secured Creditar or financialinstitutions have to approach the Debt RecoveryTribunal for the recovery oftheir dues. The limit often lakh rupees is enhanced to rupees twenty lakh as per Notification No. S.O. 4312(E) dated 06.09.2018 referred 3rd above.
  • 2. 28 4. WP(c) 34703/2017 bad been filed by Shri. Mebafooz Rahimn against the action taken by various Banks for recovery of amounts over Rs.10 lakhs allegedly due from the petitioners, under the provisions of the Revenue Recovery Act. The Hon'ble High Court in the common judgment dated 28/06/2019 in WP(c) 34703/2017 &contected cases referred 4th above has ordered the concerned Authoritics under the Revenue Recovery Act to cease all further action as per the impugned requisitions made to them for recovery of dcbts which are more than Rs.10 lakbs but leave full liberty to the banks to invoke and pursue remedies under thc RDB Act and also the Bank can invoke SARFAESI Act entitled to do, in terms oflaw. 5. The Special Government Pleader to AAG in the Legal Opinion referred 5th above has informed that the Court has passed ajudgment finding that as per the Recovery of Debts and BankTuptcyAct, 1993 (RDB Act), the jurisdiction ofthe Debts Recovery Tribunal has been described and as per Section 1(4) ofthe Recovery of Debts and Bankruptcy Act, ifthe amount of the Debt due to from any person is more than Rupees 10 Lakhs, the Secured Creditor or the financial institutions have to approach the Debt Recovery Tribunal for the recovery of their dues. The said contentions of the petitioners in the writ petitions were upheld by the Honble Court. The Court bas found that in view of Section 17 of the RDBA Act, if any amount for recovery is more than Rupecs Ten Lakhs, the Debt Recovery Tribunal constituted under the Act has the jurisdiction, and Section 18 of the Act empowers bar of any other person or authority to exercise itsjurisdiction. Section 34 of the RDB Act, also excludes the jurisdiction. The Hon bleCourt has also relied on various decisions of the Hon'ble High Court and Hon ble Supreme Court also. The Special Government Pleader to AAG has also reported that the Hon'ble Division Bench in WA864/2022 judgment filed by the State against the judgments of the Single Judge in revenue recovery proceedings were taken for hearing considering the judgment of the Hon'ble Supreme Court in M/s. Unique Butyle Tube Industries Private Ltd. Vs UP Financial Corporation and others reported in 2003 (2) SCC 455S. The Court has observed that the revemue recovery proceedings will not lie as the amount is more than 20 Lakhs and as such the revenue recovery proOceedings cannot be initiated. 6. As per the letter referred 6th above nccessary directions have been issued for returning revenue recovery requisitions above 20 lakhs except for the cases in Kerala Bank, cases under consideration before the Courts and already granted installments to the requisition authority concerned. 7. In the light ofthe judgments referred above and subsequent Lcgal opinion received, all District Collectors/Tahsildars are directed not to proceed with the recovery ofamounts due from any person or class of persons to any bank (nationalized, commnercial and scheduled Banks includingKerala Baak) above20 lakhs in future on account of any loan advanced by that bank under various development schemes. Forwarded/ By order, Slgned by Laksani.Pgyeiicer Date;03-07-202312:44:33 To: TINKU BISWAL# (1) The Land Revenue Còmmissioner, Tvpm