George Binoy vs The District Collector
2022 Latest Caselaw 2058 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 23RD DAY OF FEBRUARY 2022 / 4TH PHALGUNA, 1943
                      WP(C) NO. 6130 OF 2022
PETITIONER:

          GEORGE BINOY
          AGED 52 YEARS
          S/O ANTONY, VARIYATH HOUSE, SANAGAMAM LANE,
          PALLURUTHY, KOCHI, KERALA-682006.

          BY ADVS.
          SHERRY J. THOMAS
          JOEMON ANTONY
          SUJAN.A


RESPONDENTS:

    1     THE DISTRICT COLLECTOR
          1ST OF CIVIL STATION, ECHAMUKU, KUNNUMPURAM,
          KAKKANAD, KERALA-682030.

    2     OFFICE OF THE TAHSILDAR (REVENUE RECOVERY)
          GROUND FLOOR, KB JACOB ROAD, FORT KOCHI, KOCHI,
          KERALA-682001.

    3     DEPUTY THAHSILDAR
          FORT KOCHI, KOCHI, KERALA-682001.

    4     VILLAGE OFFICER
          PALLURUTHY VILLAGE, AROOR-THOPPUMPADY ROAD,
          KUMBALANGI VAZHI, PALLURUTHY, KOCHI, KERALA-682006.
 WP(C) No.6130 of 2022

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     5       UNION BANK OF INDIA
             AROOR -THOPPUMPADY ROAD, VALUMMEL,
             KOCHI, KERALA-682005,
             REPRESENTED BY ITS BRANCH MANAGER.


             SMT.PARVATHY KOTTOL GP
             SRI.A.S.P.KURUP(SC)-R5


      THIS     WRIT     PETITION       (CIVIL)   HAVING   COME    UP    FOR
ADMISSION     ON    23.02.2022,        THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) No.6130 of 2022

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                            JUDGMENT

Dated this the 23rd day of February, 2022

The petitioner is engaged in construction activities in a

small scale manner. To develop his business concern, the

petitioner availed a loan of `2,00,000/- from the 5th respondent-

Bank under the Scheme applicable to Micro, Small and Medium

Enterprises. The petitioner states that there were some

defaults in making repayment, due to Flood and related issues.

The petitioner was trying to effect payment.

2. To the surprise of the petitioner, he was served with

Ext.P2 Revenue Recovery Demand Notice dated 18.01.2021.

The petitioner states that the petitioner was never required to

settle the amount. Ext.P2 Revenue Recovery proceedings

have been initiated without any notice to the petitioner. If given

a reasonable time, the petitioner will be able to clear the

outstanding amount.

WP(C) No.6130 of 2022

3. The learned Standing Counsel entered appearance

and opposed the writ petition. The Standing Counsel

controverted all the contentions raised by the petitioner. The

Standing Counsel submitted that huge amount is due from the

petitioner and the petitioner has been inconsistent in remitting

the dues to the Bank. It was under such circumstances that

Revenue Recovery proceedings were resorted.

4. I have heard the learned counsel for the petitioner

and the learned Standing Counsel representing the

respondents.

5. The petitioner has availed a loan for developing his

MSME Unit. It is an admitted position that the petitioner has

been making some payments towards repayment loan also.

Due to Floods, Covid-19, etc, the petitioner could not make all

the instalment payments promptly. In the circumstances, this

Court is of the view that the petitioner shall be granted

reasonable time to clear off the dues. WP(C) No.6130 of 2022

6. The learned Standing Counsel for the respondents

submits that the outstanding amount from the petitioner is

`1,38,500/-. In the circumstances, this Court is of the view that

if the petitioner is ready to pay `30,000/- within a period of one

month, instalment facility can be granted to the petitioner for

repaying the balance amount, provided the petitioner pays the

accruing interest and other charges including Revenue

Recovery charges.

7. In such circumstances, the writ petition is disposed of

with the following directions:-

1. The petitioner shall remit an amount of `30,000/-

(Rupees Thirty Thousand only) within a period of one

month.

2. The balance amount due shall be paid in 10 Equal

Monthly Instalments.

3. Needles to say, the petitioner will be liable to pay WP(C) No.6130 of 2022

accruing interest and other charges, if any.

4. If the petitioner makes two consecutive defaults in

making repayment, the respondents will be at liberty

to proceed against the petitioner in accordance with

law.

If the petitioner makes the payment as directed above,

Ext.P2 proceedings shall be kept in abeyance.

Sd/-

N.NAGARESH JUDGE spk WP(C) No.6130 of 2022

APPENDIX OF WP(C) 6130/2022

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE STATEMENT OF ACCOUNT FROM 12.01.2016 TO 31.12.2019 ISSUED FROM THE 5TH RESPONDENT BANK DATED 16.02.2022.

Exhibit P2 THE TRUE COPY OF THE DEMAND NOTICE ISSUED FROM 3RD RESPONDENT OFFICE TO THE PETITIONER DATED 18.01.2021.

Exhibit P3 THE TRUE COPY OF THE LETTER SUBMITTED BY THE PETITIONER TO 5TH RESPONDENT BANK DATED 17.02.2022.

Exhibit P3A THE TRUE COPY OF THE POSTAL RECEIPT DATED 19.02.2022.

RESPONDENT'S/S EXHIBITS : NIL