Priyan V R vs Deputy Tahsildar (Rr)

Citation : 2024 Latest Caselaw 10488 Ker
Judgement Date : 11 April, 2024

Kerala High Court

Priyan V R vs Deputy Tahsildar (Rr) on 11 April, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
                          WP(C) NO. 14808 OF 2024
PETITIONER:

              PRIYAN V R
              S/O RAMU THEKKOOT VALLULLISSERRY HOUSE
              THANNEERKOTTATH,VALAPAD,THRISSUR DT, PIN - 680568
              BY ADVS.
              FRANKLIN ARACKAL
              NEETHU SOMAN


RESPONDENTS:

     1        DEPUTY TAHSILDAR (RR)
              CHAVAKAD TALUK THRISSUR DT,, PIN - 680506
     2        UNION BANK OF INDIA
              THRIPRAYAR BRANCH GROUND FLOOR,RAMAKRISHNA
              BUILDING,PERINGOTTUKARA, THRISSUR DT,REP BY BRANCH
              MANAGAER, PIN - 680565
              BY ADVS.
              ASP.KURUP
              SADCHITH.P.KURUP(K/1419/2002)
              C.P.ANIL RAJ(K/872/2007)
              SIVA SURESH(K/2688/2022)
              ATHIRA VIJAYAN(K/199/2024)
              B.SREEDEVI(K/169/2024)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14808 OF 2024
                                                 2



                                          JUDGMENT

When this matter was called today, the learned Standing Counsel for the 2nd respondent - 'Union Bank of India' ("Bank" for short), submitted that the loan account of the petitioner involved in this case can be settled for a total amount of Rs.11,36,040/-, as on 11.04.2024, along with all applicable charges and interest, provided same is paid by him in not more than 15 equal monthly installments.

2. The learned counsel for the petitioner - Sri.A.R.Franklin, accepted the afore suggestion.

Taking note of the afore submissions and in order to obtain a balance between the rival interests of the parties, I allow this writ petition, permitting the petitioner to pay off the aforementioned amount, along with all applicable charges and interest, in 15 equal monthly WP(C) NO. 14808 OF 2024 3 installments commencing from 01.06.2024.

Needless to say, if the amounts as afore are paid by the petitioner, the account will stand closed and the Bank will return to him all security documents as are necessary; but, if on the contrary, any two instalments are defaulted, the benefit of this judgment will be lost to him and the Bank will be at full liberty to pursue further action pursuant to Exts.P1(a), P1(b), P1(c) and P1(d), without having to obtain further orders from this Court.

It is also needless to say, therefore, that as long as the amounts as afore are paid, all further action pursuant to Exts.P1(a), P1(b), P1(c) and P1(d) will stand deferred.

Sd/-

DEVAN RAMACHANDRAN JUDGE WP(C) NO. 14808 OF 2024 4 APPENDIX OF WP(C) 14808/2024 PETITIONER'S EXHIBITS:

Exhibit P1(a) A TRUE COPY OF THE DEMAND NOTICE NO 2023/15633/08 DATED 22/12/2023 ISSUED U/S 7 OF THE REVENUE RECOVERY ACT BY THE 1ST RESPONDENT TO THE PETITIONER Exhibit P1(b) A TRUE COPY OF THE DEMAND NOTICE NO2023/15634/08 DATED 22/12/2023 ISSUED U/S 7 OF THE REVENUE RECOVERY ACT BY THE 1ST RESPONDENT TO THE PETITIONER Exhibit P1(c) A TRUE COPY OF THE DEMAND NOTICE NO2023/15636/08 DATED 22/12/2023 ISSUED U/S 7 OF THE REVENUE RECOVERY ACT BY THE 1ST RESPONDENT TO THE PETITIONER Exhibit P1(d) A TRUE COPY OF THE DEMAND NOTICE NO2023/15637/08 DATED 22/12/2023 ISSUED U/S 7 OF THE REVENUE RECOVERY ACT BY THE 1ST RESPONDENT TO THE PETITIONER