Rajeev P vs The District Collector

Kerala High Court

Rajeev P vs The District Collector on 23 May, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                       WP(C) NO. 18504 OF 2024
PETITIONER:
           RAJEEV P., AGED 61 YEARS, S/O K.PURUSHOTHAMAN,
           AMBADY PURUSHOTHAMA VILASAM, ACHANKAVALA,
           MADAKKATHANAM P.O., VAZHAKULAM, ERNAKULAM
           DISTRICT, PIN - 686670

            BY ADVS.
            MANOJ RAMASWAMY
            JOLIMA GEORGE
            C.B.SABEELA
            APARNA G.
            AIVIN ALEX PHILIP
            SHYLAKUMARI C.C.


RESPONDENTS:
     1     THE DISTRICT COLLECTOR, O/O DISTRICT COLLECTOR,
           COLLECTORATE, KAKKANAD, ERNAKULAM DISTRICT,
           PIN - 682030

    2       THE THAHSILDAR, MUVATTUPUZHA TALUK, MINI CIVIL
            STATION, MUVATTUPUZHA, ERNAKULAM, PIN - 686673

    3       THE VILLAGE OFFICER, MANJALLOOR VILLAGE,
            KADALIKAD, THODUPUZHA, ERNAKULAM, PIN - 686670

    4       THE BRANCH MANAGER, CANARA BANK, (FORMERLY
            SYNDICATE BANK), THODUPUZHA II BRANCH,PRAKASH
            BUILDING, P.W.D. REST HOUSE, THODUPUZHA, IDUKKI,
            PIN - 685584

            BY ADVS.
            GOPIKRISHNAN NAMBIAR M
            K.JOHN MATHAI(K/413/1984)
            JOSON MANAVALAN(J-526)
            KURYAN THOMAS(K/131/2003)
            PAULOSE C. ABRAHAM(MAH/58/2006)
            RAJA KANNAN(K/356/2008)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 18504/24
                                     2

                           JUDGMENT

When this matter was called today, Sri.Gopikrishnan Nambiar

- learned Standing Counsel for the respondent-Bank, submitted that, even though the petitioner has not complied with Ext.P1 judgment, adverting to the fact that he is suffering from certain medical conditions and that he is now seeking to pay off the entire loan liability, his client is willing to heed to his request, provided he pays off the entire balance in the loan account in not more than 15 equal monthly installments. He added that the total outstanding in the loan account, as on 10.05.2024 is Rs.15,05,517/-; and that the same will have to be paid by the petitioner along with all applicable charges and interest.

2. The learned counsel for the petitioner - Sri.Manoj Ramaswamy accepted the afore suggestion, however, praying that the number of installments be enhanced to at least 20.

3. I, therefore, put it to the learned Standing Counsel whether any enhancement of number of installments can be offered, to which he submitted that since the loan is of the year 2012, the WPC 18504/24 3 maximum indulgence that can be shown would be one or two and not more.

Taking note of the afore submissions, I allow this Writ Petition, permitting the petitioner the pay off the aforementioned amount along with all applicable charges and interest, in 18 equal monthly installments commencing from 25.06.2024.

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 installments 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 Ext.P4 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 Ext.P4 will stand deferred.

I clarify that I have enhanced the number of installments in favour of the petitioner adverting to his medical condition which is evident from Ext.P3 and since he appears to be in substantial WPC 18504/24 4 amount of distress.

Sd/-

RR                        DEVAN RAMACHANDRAN
                                JUDGE
 WPC 18504/24
                                 5

                 APPENDIX OF WP(C) 18504/2024

PETITIONER EXHIBITS
Exhibit P1          TRUE    COPY   OF   THE    JUDGMENT   DATED
                    17.10.2022 IN WP(C) NO. 27785 OF 2022
Exhibit P2          TRUE COPY OF THE DISCHARGE SUMMARY DATED

07.07.2023 ISSUED FROM ASTER MEDICITY Exhibit P3 TRUE COPY OF THE CERTIFICATE VIDE NO.GM 21/05/1348 DATED 18.05.2021 ISSUED BY THE ASTER MEDICITY Exhibit P4 TRUE COPY OF THE DEMAND NOTICE VIDE NO.RRC.2024/4213/06 DATED 10.05.2024 ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT Exhibit P5 TRUE COPY OF THE APPLICATION DATED 14.05.2024 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT