IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
WP(C) NO. 11886 OF 2022
PETITIONER/S:
SURESH P.K
AGED 54 YEARS
S/O.KANNAN, PARAYANKATTIL, MERICODE, PARAVUR - 683 511.
BY ADV B.RAMACHANDRAN
RESPONDENT/S:
1 KERALA STATE FINANCIAL ENTERPRISES LIMITED (KSFE)
ALANGED BRANCH, PARAVUR, PIN - 683 511, REPRESENTED BY
ITS BRANCH MANAGER.
2 THE SPECIAL DEPUTY TAHASILDAR (RR)
KSFE, ERNAKULAM, 2ND FLOOR, ADITHYA PRIME, OPP.
ERNAKULATHAPPAN GROUND, DURBAR HALL ROAD, KOCHI - 682
016.
3 THE VILLAGE OFFICER
ALANGAD VILLAGE, ALANGAD - 683 511.
OTHER PRESENT:
GP P.S.APPU
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 11886 OF 2022
2
JUDGMENT
Dated this the 14th day of June, 2022 The petitioner availed a home loan from the 1st respondent and defaulted in repayment. This resulted in revenue recovery proceedings being initiated against the petitioner and his properties. The solitary submission of the petitioner is that he should afforded an opportunity to repay the amount in reasonable installments and the recovery proceedings initiated against his property should be kept on hold.
Learned counsel for the petitioner submitted that the petitioner suffered from Diabetic Foot Ulcer Neurapathy immediately after availing the loan and his property and residential house was completely damaged in the 2018 floods.
Learned Standing Counsel submitted that maximum leniency was shown to the petitioner, in spite of which the petitioner failed to settle the loan account.
Considering the difficulties faced by the petitioner, the writ petition is disposed of directing the petitioner to remit an amount of Rs.5,00,000/- on or before 30.6.2022 and the balance amount due, with interest and costs, in twelve equated monthly WP(C) NO. 11886 OF 2022 3 installments, to be remitted before the 30th of every succeeding month. The default in remitting any one installment will result in the benefit granted under this judgment being withdrawn and the KSFE being at liberty to continue the recovery proceedings. If the amount is remitted without default, recovery based on Exts.P3 and P4 shall be kept in abeyance.
Sd/-
V.G ARUN JUDGE SJ WP(C) NO. 11886 OF 2022 4 APPENDIX OF WP(C) 11886/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF CERTIFICATE OF THE PETITIONER DATED 31/08/2018 ISSUED BY DR.BOBBY V. THAMPI OF CHERYPULASSERY CO-OPERATIVE HOSPITAL. Exhibit P2 TRUE COPY OF NOTICE DATED NIL ISSUED BY 1ST RESPONDENT.
Exhibit P3 TRUE COPY OF NOTICE DATED 03/03/2022 ISSUED BY 2ND RESPONDENT.
Exhibit P4 TRUE COPY OF NOTICE BEFORE ATTACHMENT OF 2ND RESPONDENT DATED 03/03/2022 UNDER SECTION 34 OF THE REVENUE RECOVERY ACT.
Exhibit P5 TRUE COPY OF THE PETITIONER'S OUT PATIENT RECORD DATED 17/06/2021 OF TALUK HEAD QUARTERS HOSPITAL, NORTH PARAVUR.