Suneer N A vs Special Deputy Tahsildar
2022 Latest Caselaw 8793 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE V.G.ARUN
        THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
                        WP(C) NO. 19647 OF 2022
PETITIONER/S:

    1       SUNEER N A,
            AGED 50 YEARS
            S/O.ABDULKHADAR, NADUVILAPARAMBIL HOUSE, PALAPRASSERY,
            CHENGAMANAD P.O. PIN:683578, CHENGAMANAD VILLAGE, ALUVA
            TALUK, ERNAKULAM DISTRICT.
    2       SUBAIR. N.A.,
            AGED 52 YEARS, S/O.ABDULKHADAR, NADUVILAPARAMBIL HOUSE,
            PALAPRASSERY, CHENGAMANAD P.O. PIN:683578, CHENGAMANAD
            VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT.
            BY ADVS.
            M.G.JEEVAN
            SANIYA JOSE MAMPILLY


RESPONDENT/S:

    1       SPECIAL DEPUTY TAHSILDAR,
            OFFICE OF THE SPECIAL DEPUTY TAHASILDAR R.R.,KSFE.,
            ERNAKULAM, OPP: ERNAKULATHAPPAN GROUND, PIN:682018.
    2       MANAGER,
            KERALA STATE FINANCIAL ENTERPRISES, ATHANI BRANCH,
            ATHANI.P.O. PIN:683585, NEDUMBASSERY VILLAGE,
            ERNAKULAM.
    3       VILLAGE OFFICER,
            CHENGAMANAD, NEDUMBASSERY VILLAGE, ALUVA TALUK,
            PIN:683578.
OTHER PRESENT:

            SC FOR KSFE SALIL NARAYANAN; GP AMMINIKUTTY K


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 19647 OF 2022
                                      2

                              JUDGMENT

Dated this the 7th day of July, 2022

The petitioners are brothers. The 1st petitioner had

subscribed a Chitty having Sala of Rupees Twenty Five Lakhs.

Later, the 1st petitioner availed a loan on the security of the chitty

and the 2nd petitioner stood as guarantor for the loan. The

petitioners having defaulted in repaying the loan, the 2 nd

respondent has initiated revenue recovery proceedings.

2.This writ petition is filed highlighting the reasons for not

repaying the loan on time, which according to the petitioners

occurred for reasons beyond their control. The petitioners seek

permission to repay the loan amount in ten equal installments.

3.Learned Standing counsel for the 2 nd respondent submits

that, as on 17.6.2021, an amount of Rs. 16, 40,000/- was due under

the loan account and the petitioners having willfully defaulted the

repayment of the loan amount are bound to repay the entire

amount in lump. It is hence submitted that, if at all installment

facility is granted, that should be limited to the minimum.

Taking into account the impact of Covid-19 pandemic and

resultant lockdown, which has undoubtedly affected the public at

large, I am inclined to dispose the writ petition as under:- WP(C) NO. 19647 OF 2022

(i)The petitioner is permitted to remit the entire amount due

with interest and cost thereon, in ten equated monthly

installments.

(ii) The 1st installment shall be paid on or before 15.8.2022 and

the subsequent installments, on or before the 15 th day of each

succeeding month.

(iii) Default in any of the installments will result in the benefit of

this judgment being recalled and the 1st respondent being at

liberty to continue the recovery proceedings.

(iv) If the installments are remitted without default, the revenue

recovery proceedings initiated under Ext.P1 shall be kept in

abeyance.

Sd/-

V.G ARUN JUDGE

SJ WP(C) NO. 19647 OF 2022

APPENDIX OF WP(C) 19647/2022

PETITIONER EXHIBITS Exhibit P1 TRUE PHOTO COPY OF REGD. SETTLEMENT DEED NO:1578/2017 DT. 15.6.2017 OF CHENGAMANAD SRO.

Exhibit P1 TRUE PHOTO COPY OF REGD. SETTLEMENT DEED NO:1578/2017 DT. 15.6.2017 OF CHENGAMANAD SRO.

Exhibit P2 TRUE PHOTO COPY OF NOTICE DT.19.3.2022 ISSUED AS PER SEC.7 OF THE REVENUE RECOVERY ACT ISSUED TO PETITIONERS BY 1ST RESPONDENT.

Exhibit P3 TRUE PHOTO COPY OF NOTICE OF DEMAND AS PER SEC.34 OF THE SAID ACT ISSUED IN FORUM 10 BY 1ST RESPONDENT TO PETITIONERS.