Rasheed P.H vs District Collector
2021 Latest Caselaw 1819 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

     MONDAY, THE 18TH DAY OF JANUARY 2021 / 28TH POUSHA, 1942

                       WP(C).No.7639 OF 2020(D)


PETITIONER:

               RASHEED P.H.,
               AGED 50 YEARS,
               PUTHIREZHATHU HOUSE, PALACKAL, THEVALAKKARA,
               KARUNAGAPPALLY, KOLLAM.

               BY ADV. SRI.M.R.SASITH

RESPONDENTS:

      1        DISTRICT COLLECTOR,
               COLLECTORATE, KOLLAM, PIN - 691 013.

      2        BRANCH MANAGER,
               THE KERALA STATE FINANCIAL ENTERPRISES LTD.,
               EDAPPALLICOTTAH - 455 BRANCH, KARUNAGAPPALLY, KOLLAM,
               PIN - 691 574.

      3        SPECIAL DEPUTY TAHSILDAR (RR),
               THE KERALA STATE FINANCIAL ENTERPRISES LTD.,
               KSFE BUILDING, CHINAKADA, KOLLAM, PIN - 691 574.

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


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION           ON
18.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.7639 OF 2020(D)

                                  2


                              JUDGMENT

The writ petition is filed challenging

the revenue recovery proceedings initiated

towards the defaulted payment due from the

petitioner, who availed a chitty for a sum of

Rs.10 lakhs from the 2nd respondent on

06.02.2010.

2. Learned counsel for the petitioner

submits that petitioner will be able to pay

off the outstanding amount, in case instalment

facilities are granted.

3. I heard Sri.Salil Narayanan.K.A,

appearing for the 2nd respondent. The learned

Standing Counsel submitted that a sum of

Rs.8,31,816/- was due from the petitioner as

on March, 2020, in addition to interest.

Therefore the writ petition is

disposed of with the following directions: WP(C).No.7639 OF 2020(D)

The petitioner shall make the payment of the

outstanding amount in 12 equal monthly

instalments starting from 15.02.2021 onwards.

Revenue recovery proceedings shall be kept in

abeyance in the meanwhile. In case petitioner

commit any 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 ww WP(C).No.7639 OF 2020(D)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF DEMAND NOTICE ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

EXHIBIT P2 TRUE COPY OF NOTICE UNDER SECTION 34 OF REVENUE RECOVERY ACT ISSUED BY THE 3RD RESPONDENT.