Kerala High Court
Prakasan vs The District Collector, ... on 30 April, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 30TH DAY OF APRIL 2024 / 10TH VAISAKHA, 1946
WP(C) NO. 16604 OF 2024
PETITIONER:
PRAKASAN, AGED 50 YEARS
S/O SUDHAKARAN, RESIDING AT VIJAYAMMA TOWER, 7/MRA
227, MUKKOLACKAL, KULATHOOR P.O,
THIRUVANANTHAPURAM DISTRICT, PIN - 695583
BY ADV MITHUN P.
RESPONDENTS:
1 THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM
CIVIL STATION BUILDING, CIVIL STATION ROAD,
THIRUVANANTHAPURAM, KERALA, PIN - 695043
2 THE SPECIAL DEPUTY TAHSILDAR
REVENUE RECOVERY, KSFE, 2ND FLOOR NEW TRIDA
BUILDING, MEDICAL COLLEGE P.O, THIRUVANANTHAPURAM,
PIN - 695011
3 KERALA STATE FINANCIAL ENTERPRISES LIMITED
REPRESENTED BY ITS REGIONAL MANAGER, KSFE SILVER
JUBILEE BUILDINGS, STATUE, CHIRAKULAM ROAD,
THIRUVANANTHAPURAM, PIN - 695001
SRI. SALIL NARAYANAN K.A.-SC, SMT.DEEPA NARAYANAN-
SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 30.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C).No.16604/2024
-:2:-
JUDGMENT
The petitioner is a subscriber to a chitty and availed a loan from the 3rd respondent. The petitioner has defaulted the repayment of loan amount. Now the 2nd respondent has initiated recovery proceedings.
2. The learned counsel for the petitioner submitted that the petitioner is prepared to clear the entire loan amount in 15 equal monthly instalments.
3. The learned Standing Counsel for the 3rd respondent submits that the total amount due as on date is ₹16,04,809/-. The learned Standing Counsel further submits that 12 instalments can be given.
Having heard both sides, this writ petition is disposed of, granting liberty to the petitioner to clear the entire loan amount along with interest in 15 equal monthly instalments, commencing from 1.6.2024 onwards. The subsequent instalments shall be paid on the 5th day of every month. In case of default of any of the instalments, the aforesaid facility extended shall stand W.P.(C).No.16604/2024 -:3:- cancelled and the 3rd respondent/KSFE will be at liberty to proceed with the recovery proceedings. Subject to the above direction, the recovery proceedings against the petitioner shall be kept in abeyance.
Sd/-
DR. KAUSER EDAPPAGATH JUDGE kp W.P.(C).No.16604/2024 -:4:- APPENDIX OF WP(C) 16604/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REVENUE RECOVERY DEMAND NOTICE ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER UNDER SECTION 36 OF REVENUE RECOVERY ACT DATED 03.01.2024