Kerala High Court
Sivasankara Pillai vs The Special Deputy Tahsildar (Rr) on 26 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY, THE 26TH DAY OF MARCH 2021 / 5TH CHAITHRA, 1943
WP(C).No.7881 OF 2021(I)
PETITIONER:
SIVASANKARA PILLAI
AGED 58 YEARS
S/O. LATE GOPALA PILLAI, RESIDING AT KIZHAKKEDATH
VEEDU, POLICODE, VAYAKKAL POST, VALAKAM VIA, VALAKAM
VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT, PIN -
691 532.
BY ADV. SRI.K.P.RAMACHANDRAN
RESPONDENTS:
1 THE SPECIAL DEPUTY TAHSILDAR (RR)
THE KSFE LTD., KOLLAM, PINCODE - 691 001.
2 THE KERALA STATE FINANCIAL ENTERPRISES (K.S.F.E.)
REPRESENTED BY ITS BRANCH MANAGER, KUNNIKODE BRANCH,
KOLLAM, PIN - 691 508.
SRI.P.C.ANIL KUMAR,SC,KSFE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.7881 OF 2021(I) 2
JUDGMENT
Dated this the 26th day of March 2021
The petitioner is aggrieved by the revenue recovery proceedings
initiated against his property. It is stated that a personal loan of a
sum of Rs.10,00,000/-(Rupees ten lakhs only) was availed by the
petitioner from the 1st respondent on 25.05.2017, which was
repayable in 36 months.
2. The petitioner stated that certain payments were made.
3. Sri.P.C.Anilkumar, the learned Standing Counsel submitted
that the petitioner is a chronic defaulter and so far only 5 EMIs have
been paid. As on today, the outstanding due from the petitioner is
Rs.11,33,849/- ( Rupees eleven lakh thirty three thousand eight
hundred and forty nine only). The learned Standing Counsel also
submits that in case the petitioner remits the outstanding amount in
15 equal monthly installments starting from April 2021 onwards, the
revenue recovery proceedings shall be kept in abeyance.
Therefore, the writ petition is disposed of with the following
directions:
i) The petitioner shall remit the outstanding amount in 15
equal monthly installments starting from April, 2021.
ii) In case the petitioner commits any default in any of the
installments, the respondents would be free to resume the
revenue recovery proceedings.
The Writ Petition is disposed of accordingly.
sd/-
(P.V.ASHA, JUDGE)
rps/
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE PHOTOSTAT COPY OF THE PERSONAL LEDGER
OF THE LOAN DISBURSEMENT TRANSACTION ISSUED
BY THE 2ND RESPONDENT ON LOAN ACCOUNT
NUMBER 02350090000585, AVAILED BY THE
PETITIONER FOR RS.10,00,000/- IN APRIL 2017
WITH THE RESPONDENT NO.2.
EXHIBIT P2 TRUE PHOTOSTAT COPIES OF THE RECEIPTS
ISSUED BY THE 2ND RESPONDENT TO THE
PETITIONER ON HIS DIRECT REMITTANCE OF THE
LOAN AMOUNT FROM 27.06.2017 TO 24.10.2017
FOR TOTAL RS.1,39,560/- WITH THE 2ND
RESPONDENT.
EXHIBIT P3 TRUE PHOTOSTAT COPY OF THE STATEMENT OF
ACCOUNT OF THE PETITIONER WITH CANARA BANK,
KOTTARAKKARA BRANCH, REFLECTING THE CASH
TRANSACTIONS ON 13.12.2019, 29.01.2020,
28.02.2020 AND ON 01.09.2020, EVIDENCING
THAT RS.3,38,000/- WERE REMITTED BY THE
PETITIONER THROUGH HIS BANK TO THE 2ND
RESPONDENT ON HIS LOAN ACCOUNT.
EXHIBIT P4 TRUE PHOTOSTAT COPY OF THE CERTIFICATE
DATED 22.03.2021 ISSUED BY THE 1ST
RESPONDENT TO THE PETITIONER STATING THAT
ON 13.12.2019, 29.01.2020, 28.02.2020 AND
ON 01.09.2020, RS. 1,88,000/-, RS.50,000/-,
RS.50,000/- AND RS.50,000/- WERE
RESPECTIVELY REMITTED TO 2ND RESPONDENT
(REVENUE) BY THE PETITIONER TOTALING
RS.3,38,000/-.
EXHIBIT P5 TRUE PHOTOSTAT COPY OF THE NOTICES DATED
15.03.2018, 23.06.2018, 16.08.2018,
03.09.2018, 26.10.2018, 10.12.2018,
01.01.2019 ISSUED BY THE 2ND RESPONDENT /
ON BEHALF OF THE 2ND RESPONDENT AND REVENUE
RECOVERY NOTICES DATED 10.05.2019, ISSUED
BY THE 1ST RESPONDENT TO THE PETITIONER.
EXHIBIT P6 TRUE PHOTOSTAT COPY OF THE DETAILS OF
CLOSING AMOUNT PAYABLE BY THE PETITIONER AS
ON 31.03.2021 FOR RS.9, 14,351/- TO AVOID
THE REVENUE RECOVERY PROCEEDINGS, ISSUED BY
THE 2ND RESPONDENT TO THE PETITIONER.
