Syam Kumar vs District Collector
2021 Latest Caselaw 7275 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

    TUESDAY, THE 02ND DAY OF MARCH 2021 / 11TH PHALGUNA, 1942

                       WP(C).No.4773 OF 2021(V)


PETITIONER:

               SYAM KUMAR
               S/O SASIDHARAN ACHARY,
               SYAM VILASAM,
               NEDUPURAM,
               KOTUKKAL VILLAGE,
               KOTTARAKKARA TALUK,
               KOLLAM DISTRICT-691 306.

               BY ADVS.
               SRI.SUBHASH CYRIAC
               SMTSHEEBA JOSEPH
               SRI.S.SREEJITH (S-3453)

RESPONDENTS:

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

      2        THE TAHASILDAR,
               MINI CIVIL STATION,
               KOTTARAKKARA TALUK,
               KOLLAM DISTRICT, PIN-691 506.

      3        THE INDIAN BANK,
               ITTIVA BRANCH,
               CHUNDA JUNCTION, ITTIVA,
               ANCHAL, KOLLAM DISTRICCT-691 306,
               REPRESENTED BY ITS MANAGER


               SMT.PRINCY XAVIER,
               GP,SRI.S.EASWARAN,SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.4773 OF 2021(V)                      2




                                      P.V.ASHA, J.
                   -----------------------------------------------------
                               W.P(c) No.4773 of 2021
                    ----------------------------------------------------
                      Dated this the 02nd day of March, 2021

                                  JUDGMENT

The petitioner, who has availed a loan from the 3rd respondent Bank on

03.01.2017, has filed this Writ Petition on receipt of Ext.P2 notice for revenue

recovery under Section 7 as well as 34 of Revenue Recovery Act. The learned

counsel for the petitioner submits that the petitioner would be able to pay off the

outstanding amount in case installment facility is given. The learned counsel for

the bank submits that the petitioner can be given installment facility and a sum of

Rs. 2,51,167/- is the amount due from the petitioner.

Therefore, the writ petition is disposed of allowing the petitioner to remit the

outstanding amount in 12 equal monthly installments starting from 25.03.2021. In

that event, the revenue recovery proceedings shall be kept in abeyance. In case

the petitioner commits default in payment of any of the installments, the

respondents are free to proceed with revenue recovery proceedings.

Sd/-

(P.V.ASHA, JUDGE)

rps/

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE PASS BOOK DATED 3.1.2017 OF LOAN ACCOUNT NO 6492875897 ISSUED BY THE 3RD RESPONDENT

EXHIBIT P2 A TRUE COPY OF THE NOTICE NO RRC NO 2020/4281/02 DATED 12.1.2021 ISSUED BY THE 2ND RESPONDENT