IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
WP(C) NO. 19647 OF 2022
PETITIONER/S:
1 SUNEER N A,
AGED 50 YEARS
S/O.ABDULKHADAR, NADUVILAPARAMBIL HOUSE, PALAPRASSERY,
CHENGAMANAD P.O. PIN:683578, CHENGAMANAD VILLAGE, ALUVA
TALUK, ERNAKULAM DISTRICT.
2 SUBAIR. N.A.,
AGED 52 YEARS, S/O.ABDULKHADAR, NADUVILAPARAMBIL HOUSE,
PALAPRASSERY, CHENGAMANAD P.O. PIN:683578, CHENGAMANAD
VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT.
BY ADVS.
M.G.JEEVAN
SANIYA JOSE MAMPILLY
RESPONDENT/S:
1 SPECIAL DEPUTY TAHSILDAR,
OFFICE OF THE SPECIAL DEPUTY TAHASILDAR R.R.,KSFE.,
ERNAKULAM, OPP: ERNAKULATHAPPAN GROUND, PIN:682018.
2 MANAGER,
KERALA STATE FINANCIAL ENTERPRISES, ATHANI BRANCH,
ATHANI.P.O. PIN:683585, NEDUMBASSERY VILLAGE,
ERNAKULAM.
3 VILLAGE OFFICER,
CHENGAMANAD, NEDUMBASSERY VILLAGE, ALUVA TALUK,
PIN:683578.
OTHER PRESENT:
SC FOR KSFE SALIL NARAYANAN; GP AMMINIKUTTY K
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 19647 OF 2022
2
JUDGMENT
Dated this the 7th day of July, 2022 The petitioners are brothers. The 1st petitioner had subscribed a Chitty having Sala of Rupees Twenty Five Lakhs. Later, the 1st petitioner availed a loan on the security of the chitty and the 2nd petitioner stood as guarantor for the loan. The petitioners having defaulted in repaying the loan, the 2 nd respondent has initiated revenue recovery proceedings.
2.This writ petition is filed highlighting the reasons for not repaying the loan on time, which according to the petitioners occurred for reasons beyond their control. The petitioners seek permission to repay the loan amount in ten equal installments.
3.Learned Standing counsel for the 2 nd respondent submits that, as on 17.6.2021, an amount of Rs. 16, 40,000/- was due under the loan account and the petitioners having willfully defaulted the repayment of the loan amount are bound to repay the entire amount in lump. It is hence submitted that, if at all installment facility is granted, that should be limited to the minimum.
Taking into account the impact of Covid-19 pandemic and resultant lockdown, which has undoubtedly affected the public at large, I am inclined to dispose the writ petition as under:- WP(C) NO. 19647 OF 2022 3
(i)The petitioner is permitted to remit the entire amount due with interest and cost thereon, in ten equated monthly installments.
(ii) The 1st installment shall be paid on or before 15.8.2022 and the subsequent installments, on or before the 15 th day of each succeeding month.
(iii) Default in any of the installments will result in the benefit of this judgment being recalled and the 1st respondent being at liberty to continue the recovery proceedings.
(iv) If the installments are remitted without default, the revenue recovery proceedings initiated under Ext.P1 shall be kept in abeyance.
Sd/-
V.G ARUN JUDGE SJ WP(C) NO. 19647 OF 2022 4 APPENDIX OF WP(C) 19647/2022 PETITIONER EXHIBITS Exhibit P1 TRUE PHOTO COPY OF REGD. SETTLEMENT DEED NO:1578/2017 DT. 15.6.2017 OF CHENGAMANAD SRO.
Exhibit P1 TRUE PHOTO COPY OF REGD. SETTLEMENT DEED NO:1578/2017 DT. 15.6.2017 OF CHENGAMANAD SRO.
Exhibit P2 TRUE PHOTO COPY OF NOTICE DT.19.3.2022 ISSUED AS PER SEC.7 OF THE REVENUE RECOVERY ACT ISSUED TO PETITIONERS BY 1ST RESPONDENT.
Exhibit P3 TRUE PHOTO COPY OF NOTICE OF DEMAND AS PER SEC.34 OF THE SAID ACT ISSUED IN FORUM 10 BY 1ST RESPONDENT TO PETITIONERS.