Ibrahim Kutty vs The District Collector
2021 Latest Caselaw 5965 Ker

W.P(c).No.4217/2021-B

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

    THURSDAY, THE 18TH DAY OF FEBRUARY 2021 / 29TH MAGHA,1942

                        WP(C).No.4217 OF 2021(B)

PETITIONERS:

       1       IBRAHIM KUTTY, AGED 56 YEARS
               S/O.YUSUF RAWUTHER, POTTANKAL,
               UTHIMOODU P.O., RANNI, PATHANAMTHITTA-689672.

       2       RAJEENA, AGED 51 YEARS
               W/O.IBRAHIMKUTTY, POTTANKAL, UTHIMOODU P.O.,
               RANNI, PATHANAMTHITTA-689672.

               BY ADVS.
               SRI.BIJI MATHEW
               SMT.PRIYADARSINI VINCENT
               SMT.RESHMI JACOB
               SRI.BOBY THOMAS

RESPONDENTS:

       1       THE DISTRICT COLLECTOR
               CIVIL STATION, PATHANAMTHITTA-689645.

       2       THE SPECIAL DEPUTY TAHSILDAR (RR),
               THE KSFE LTD., RR UNIT, KSFE BUILDING,
               CHINNAKADA, KOLLAM-691001.

       3       THE TAHSILDAR,
               RANNY TALUK, RANNY, PATHANAMTHITTA-689672.

       4       THE BRANCH MANAGER,
               KSFE RANNY BRANCH, PAZHAVANGADI P.O., RANNY,
               PATHANAMTHITTA-689673.

       5       THE VILLAGE OFFICER,
               VILLAGE OFFICE, RANNY, PATHANAMTHITTA-689674.


               SMT.PRINCY XAVIER, GOVERNMENT PLEADER
               SRI.SALIL NARAYANAN.K.A., SC, KSFE

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(c).No.4217/2021-B




                                       P.V.ASHA, J.
                    -----------------------------------------------------
                              W.P(c) No. 4217 of 2021-B
                     ----------------------------------------------------
                      Dated this the 18th day of February, 2021

                                   JUDGMENT

The petitioners had availed a housing loan from the 4th respondent. On account of

the default in payment, revenue recovery proceedings have been initiated as per Exts.P2

and P3 notices. The learned counsel for the petitioners submits that the petitioners would

able to pay off the outstanding amount in case instalment facility is given.

2. I heard Sri Salil Narayanan, the learned Standing Counsel for the 4 th

respondent, who submitted that a sum of Rs. 31,00,760/- (Rupees Thirty One Lakhs

Seven Hundred and Sixty Only) is outstanding from the petitioners.

3. As the petitioners seek instalment facility, the Writ Petition is disposed of

with a direction to the petitioners to make payment of the outstanding amount in 12 equal

monthly instalments starting from April, 2021 on wards. In that event, the revenue

recovery proceedings shall be kept in abeyance and in case the entire amount is paid, the

same shall be withdrawn. If the petitioners make default in payment of any of the

instalments, the respondents would be free to proceed with the revenue recovery

proceedings.

Sd/- (P.V.ASHA, JUDGE)

rtr/ W.P(c).No.4217/2021-B

APPENDIX

PETITIONERS' EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE FRONT PAGE OF THE PASS BOOK OF THE NEW HOUSING FINANCE SCHEME.

EXHIBIT P2 TRUE COPY OF THE DEMAND NOTICE DATED 05.11.2020 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS.

EXHIBIT P3 TRUE COPY OF THE NOTICE DATED 11.11.2020 BY THE 2ND RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER TO THE 4TH RESPONDENT DATED 02.02.2021.