Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 2ND DAY OF MAY 2023 / 12TH VAISAKHA, 1945 RFA NO. 533 OF 2004(F) AGAINST THE JUDGMENT AND DECREE DANTED 31.10.2003 IN OS APPELLANTS/PLAINTIFFS: 1 A.J.VAKKACHAN, AGED 41 YEARS, S/O. V.J.AMBOOKAN, AMBOOKKAN HOUSE, POYYA VILLAGE,, TRICHUR DISTRICT. 2 A.J.JOJO, AGED 38 YEARS, S/O.V.J.AMBOOKAN, AMBOOKKAN HOUSE, POYYA VILLAGE,, TRICHUR DISTRICT. 3 GEORGE WILLIE, AGED 37 YEARS, S/O. DR.WILLIE GEORGE, OLLATTIKULAM HOUSE, CHALAKUDY VILLAGE, MUKUNDAPURAM TALUK, TRICHUR DISTRICT. 4 A.V.KOCHOUSEPH, AGED 78 YEARS, S/O. I.VARKEY AMBOOKAN, AMBOOKKAN HOUSE, POYYA VILLAGE, TRICHUR DISTRICT. 5 A.E.JOSE, AGED 42 YEARS, S/O. EPHREM AMBOOKAN, AMBOOKKAN HOUSE, POYYA VILLAGE, TRICHUR DISTRICT. 6 A.E.GEORGE, AGED 45 YEARS, S/O. EPHREM AMBOOKAN, AMBOOKKAN HOUSE, POYYA VILLAGE, TRICHUR DISTRICT.
BY ADVS. SRI.MATHEW B. KURIAN SRI.K.T.THOMAS SRI.A.V.THOMAS RESPONDENTS/DEFENDANTS: 1 AGENCY FOR DEVELOPMENT OF AQUA CULTURE KERALA (ADAK) TC.15/1494, REEJA MINCHIN ROAD, TRIVANDRUM 695 014, REPRESENTED BY ITS EXECUTIVE ..2.. DIRECTOR. 2 ADAK, HOUSE NO.102-E33, SOUMYA NAGAR ROAD, ALINCHUVADU, EDAPPALLY P.O., KOCHI-682 024, REPRESENTED BY ITS REGIONAL EXECUTIVE. 3 M/S. KITCO LIMITED, M.G.ROAD, COCHIN 682 016, REPRESENTED BY ITS CHIEF EXECUTIVE 4 STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY, FISHERIES DEPARTMENT, THIRUVANANTHAPURAM.
BY ADVS. SRI.S.SUDHEESH KUMAR, SC, AGENCY FOR DEVEP. OF AQUACULTURE FOR R1, R2 SMT.PRIYA KRISHNAMOORTHY FOR R3 SMT.AMMINIKUTTY SR GP FOR R4 THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 02.05.2023, ALONG WITH RFA.150/2005 AND 69/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..3..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 2ND DAY OF MAY 2023 / 12TH VAISAKHA, 1945 RFA NO. 150 OF 2005 AGAINST THE JUDGMENT AND DECREE DATED 28.02.2004 IN OS APPELLANTS/PLAINTIFFS: 1 A.L.GEORGE, AGED 44 YRS, SON OF LOUIS AMBOOKAN, AMBOOKAN HOUSE, POYYA, POYYA VILLAGE, KODUNGALLOOR TALUK,, TRISSUR DISTRICT. 2 JESSY GEORGE, AGED 40 YEARS, WIFE OF A.L.GEORGE, AMBOOKAN HOUSE, POYYA, POYYA VILLAGE, KODUNGALLOOR TALUK,, TRISSUR DISTRICT. BY ADVS. SRI.MATHEW B. KURIAN SRI.K.T.THOMAS SRI.A.V.THOMAS RESPONDENTS/DEFENDANTS: 1 AGENCY FOR DEVELOPMENT OF AQUA CULTURE KERALA (ADAK) T.C.15/1494, REEJA MINCHIN ROAD, THIRU- VANANTHAPURAM-695 014, REPRESENTED BY ITS EXECU- TIVE DIRECTOR.
2 ADAK, HOUSE NO.102-E33, SOUMYA NAGAR ROAD, ALINCHUVADU, EDAPPALLY P.O., KOCHI-682 024, REPRESENTED BY ITS REGIONAL EXECUTIVE. 3 M/S.KITCO LIMITED, M.G.ROAD, COCHIN-682 016, REPRESENTED BY ITS CHIEF EXECUTIVE. 4 STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, FISHERIES DEPARTMENT, ..4.. THIRUVANANTHAPURAM. BY ADVS. SRI.S.SUDHISH KUMAR SRI.K.L.JOSEPH SRI.E.K.NANDAKUMAR FOR R3 SRI.T.K. VIPINDAS SR GP THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD
ON 02.05.2023, ALONG WITH RFA.533/2004 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..5..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 2ND DAY OF MAY 2023 / 12TH VAISAKHA, 1945 RFA NO. 69 OF 2009 AGAINST THE JUDGMENT AND DECREE DATED 31.10 2003 IN OS 376/1999 OF ADDITIONAL SUB COURT, IRINJALAKUDA AS 168/2004 OF DISTRICT COURT & SESSIONS COURT,THRISSUR APPELLANTS/PLAINTIFFS:
1 DR.T.J.GEORGE, S/O T.J JOSEPH, THUMBASSERIL HOUSE, JOSE VILLA, KANJIRAPPILLY, KOTTAYAM DISTRICT (DIED). 2 SMT.ITHAMMA GEORGE, W/O.GEORGE, THUMBASSERIL HOUSE, JOSE VILLA, KANJIRAPPILLY, KOTTAYAM DIS- TRICT. 3 MARY SUNIL, D/O.T.J.GEORGE AND WIFE OF SUNIL THOMAS, AGED 33, KALLAMKULAM HOUSE, PARATHODE, P.O.VELICHIYANI, KOTTAYAM-686 512. 4 ANNE GEORGE, D/O.T.J.GEORGE AND W/O.T.P.THOMAS, AGED 32, THUMPASSERY HOUSE, KANJIRAPALLY, KOT- TAYAM -686 507. AMENDED AS PER ORDER IN I.A 3236/2004 DATED 22.01.2005. BY ADVS. SRI.V.M.KURIAN SRI.MATHEW B. KURIAN SRI.K.T.THOMAS RESPONDENTS/DEFENDANTS: 1 AGENCY FOR DEVELOPMENT OF AQUACULTURE ..6..
KERALA (ADAK), T.C.15/1494, REEJA MINCHIN ROAD, THIRUVANANTHAPURAM-695 014, REPRESENTED BY ITS EXECUTIVE DIRECTOR. 2 ADAK, HOUSE NO.102-E33, SOUMYA NAGAR ROAD, ALINCHUVADU, EDAPPALLY.P.O., KOCHI-682 024, REPRESENTED BY ITS REGIONAL EXECUTIVE. 3 M/S.KITCO LIMITED, M.G.ROAD, KOCHI-682 016 REPRESENTED BY ITS CHIEF EXECUTIVE. 4 STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY, FISHERIES DEPARTMENT, THIRUVANANTHAPURAM. BY ADV SRI.S.SUDHISH KUMAR FOR R1 & R2 SMT. AMMINIKUTTY SR GP THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 02.05.2023, ALONG WITH RFA.533/2004 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..7..
J U D G M E N T
These matters arise from a suit instituted by the borrowers, who availed loan from the Agency for Development of Aqua Culture Kerala (ADAK). They challenge the revenue recovery proceedings consequent upon the default in repayment of the loan amount. The suits were instituted as early as in the year 1999. The learned counsel for the appellants placed before me a Government Order dated 16.11.2015, which reads thus: ..8.. ..9.. It is submitted that the in the light of the above Government Order, the grievance of the appellants have been redressed. ..10.. Recording the above submission, these appeals are disposed of. Sd/- A.MUHAMED MUSTAQUE JUDGE PR