Abdul Azeez P.H vs District Collector
2021 Latest Caselaw 8209 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

   WEDNESDAY, THE 10TH DAY OF MARCH 2021 / 19TH PHALGUNA, 1942

                      WP(C).No.24962 OF 2016(U)


PETITIONER:

               ABDUL AZEEZ P.H,
               AGED 48 YEARS, S/O.HASSAN, PIRAMBILLIKUDY HOUSE,
               CHELAKKULAM, PERUMBAVOOR.

               BY ADVS.
               SRI.NIXON PAUL
               SRI.SANIL JOSE
               SRI.E.S.SANEEJ

RESPONDENTS:

      1        DISTRICT COLLECTOR,
               ERNAKULAM-682031.

      2        THE TAHSILDAR,
               KUNNATHUNADU TALUK, ERNAKULAM DISTRICT-682033.

      3        THE VILLAGE OFFICER,
               PATTIMATTOM VILLAGE, ERNAKULAM DISTRICT-682051.

      4        SPECIAL DEPUTY TAHASILDHAR,
               KERALA STATE FINANCIAL ENTERPRISES, KOCHI-18.

      5        THE BRANCH MANAGER,
               KERALA STATE FINANCIAL ENTERPRISES,
               KAKKANAD BRANCH, ERNAKULAM-682031.

      6        THE BRANCH MANAGER,
               KERALA STATE FINANCIAL ENTERPRISES,
               KOLENCHERY BRANCH, KOLENCHERY-682311.

               BY ADVS. SRI.V.N.SASIDHARAN., SC, KSFE.
                        SRI.ARUN ANTONY, SC, KSFE LTD.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.03.2021, ALONG WITH WP(C).22576/2018(V), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 WP(C).Nos.24962/2016 & 22576/2018

                                    2


               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

   WEDNESDAY, THE 10TH DAY OF MARCH 2021 / 19TH PHALGUNA, 1942

                        WP(C).No.22576 OF 2018


PETITIONER:

               ABDUL AZEEZ,
               AGED 47, S/O.HASSAN, PIRAPPILLY KUDI HOUSE,
               CHELAKKULAM, PERUMBAVOOR, COCHIN - 683 562.

               BY ADVS.
               SRI.SAIJO HASSAN
               SRI.BENOJ C AUGUSTIN
               SRI.U.M.HASSAN
               SMT.P.PARVATHY
               SRI.RAFEEK. V.K.
               SRI.VISHNU BHUVANENDRAN

RESPONDENTS:

       1       THE BRANCH MANAGER,
               KERALA STATE FINANCIAL ENTERPRISES,
               ERNAKULAM BRANCH, ERNAKULAM - 682 018.

       2       SPECIAL DEPUTY THAHSILDAR (RR),
               KERALA STATE FINANCIAL ENTERPRISES,
               ERNAKULAM - 682 018.

               BY ADVS. SRI.P.PRIJITH

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.03.2021, ALONG WITH WP(C).24962/2016(U), THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 WP(C).Nos.24962/2016 & 22576/2018

                                         3


                                   JUDGMENT

The very same petitioner has filed

both these writ petitions, when Revenue

Recovery proceedings were initiated on

account of the default committed in

repayment towards the prized chitties as

well as the loan availed by the petitioner.

2. The learned Standing Counsel,

Sri.Prijith and Sri.Arun Antony, appearing

in the respective cases submit that total

amount outstanding from the petitioner is a

sum of Rs.9,58,484/-.

In case the petitioner avails the

benefit of Aswas scheme 2021, petitioner

will have to make lumpsum payment before

31.03.2021, for which he can approach the

respondents and avail the benefit in

accordance with the scheme. If he does not

avail the benefit of the scheme, he shall WP(C).Nos.24962/2016 & 22576/2018

make the payment in 12 equal monthly

instalments starting from April, 2021

onwards. In that event, the Revenue Recovery

proceedings shall be kept in abeyance and on

closing the account, the proceedings shall

be withdrawn. In case the petitioner commits

default in any of the instalments, the

respondents would be free to resume the

Revenue Recovery proceedings.

Accordingly, the writ petitions are

disposed of.

Sd/-

P.V.ASHA JUDGE WW WP(C).Nos.24962/2016 & 22576/2018

APPENDIX OF WP(C) 24962/2016 PETITIONER'S EXHIBITS:

EXHIBIT P1 THE TRUE PHOTOCOPY OF THE JUDGMENT IN WPC 9328/16.

EXHIBIT P2 THE TRUE PHOTOCOPY OF THE RECEIPT DATED 28-3-16.

EXHIBIT P3 THE TRUE PHOTOCOPY OF THE RECEIPT DATED 28-3-16.

EXHIBIT P4 THE TRUE PHOTOCOPY OF THE RECEIPT DATED 28-5-16.

EXHIBIT P5 THE TRUE PHOTOCOPY OF THE ORDER IN IA 10001/16 IN WPC 9328/16.

EXHIBIT P6 THE TRUE PHOTOCOPY OF THE CERTIFICATE FROM 6TH RESPONDENT DATED 18-7-16.

EXHIBIT P7 THE TRUE PHOTOCOPY OF THE APPLICATION DATED 23-7-16.

RESPONDENTS' EXHIBITS:

EXHIBIT R4(A) TRUE COPY OF VARIOLA ISSUED BY THE KERALA STATE FINANCIAL ENTERPRISES LTD, THRISSUR. WP(C).Nos.24962/2016 & 22576/2018

APPENDIX OF WP(C) 22576/2018 PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE NOTICE DATED 16.05.2018 ISSUED UNDER SECTION 7 OF THE KERALA REVENUE RECOVERY ACT, 1968.

EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 16.05.2018 ISSUED UNDER SECTION 34 OF THE KERALA REVENUE RECOVERY ACT, 1968 ALONG WITH ITS ENGLISH TRANSLATION.