Rahula R vs The Land Revenue Commissioner
2022 Latest Caselaw 7456 Ker

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                      THE HONOURABLE MR.JUSTICE V.G.ARUN
        FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
                             WP(C) NO. 20539 OF 2022
PETITIONER/S:

                RAHULA R
                AGED 38 YEARS, RAHUL BHAVAN HOUSE, PATTOOR P.O., NOORANAD,
                ALAPPUZHA DISTRICT - 690529
                BY ADV P.VINODKUMAR


RESPONDENT/S:

                THE LAND REVENUE COMMISSIONERC/O THE LAND REVENUE COMMISSIONER,
                THIRUVANANTHAPURAM - 695001
                THE DISTRICT COLLECTOR,
                ALAPPUZHA DIST. 690529
                THE SPL.DY.TAHSILDAR,
                (REVENUE RECOVERY) KSFE, TALUK OFFICE,
                ALAPPUZHA.690529
                THE KERALA STATE FINANCIAL ENTERPRISES LTD,
                HAVING ITS BRANCH AT PANDALAM, NO.657/XVI, KOIPURATHU BUILDING,
                PANDALAM, PATHANAMTHITTA - 689501, REP BY ITS MANAGER

OTHER PRESENT:

                SC FOR KSFE SALIL NARAYANAN K.A; GP AMMINIKUTTY K.



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.06.2022, THE

COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 20539 OF 2022
                             2

                  JUDGMENT

Dated this the 24th day of June, 2022

The loan availed by the petitioner from the Kerala

State Financial Enterprises fell in default. The KSFE

initiated recovery proceedings and the petitioner is now

faced with Ext.P1 notice.

2. Adv. P. Vinod Kumar, learned Counsel for the

petitioner submitted that the default is not wilful. The

petitioner is a tailor and his avocation faced adversities

with the spread of covid pandemic and resultant

lockdown. Considering the petitioner's plight, he should

be granted sufficient time to repay the loan.

3. Adv.Arun Antony, learned Standing Counsel for

the KSFE, submitted that as on 30.06.2022, an amount of

Rs.3,57,045/- will be due from the petitioner and if at all

the petitioner is permitted to pay off the amount in

instalments, that should be limited to the minimum.

Considering the pandemic and lockdown which has WP(C) NO. 20539 OF 2022

adversely affected the life and living conditions of all, I am

inclined to dispose the writ petition as under:-

 The petitioner is permitted to remit the entire amount

due in fifteen equated monthly instalments.

 The first instalment shall be paid on or before

20.07.2022 and the subsequent instalments, before

the 20th of every succeeding month.

 If the petitioner commits default in any one of the

installments, the benefit granted under the judgment

will stand withdrawn and the first respondent will be

at liberty to continue the recovery proceedings.

 If the instalments are paid without default, the

recovery proceedings shall be kept in abeyance.

Sd/-

V.G.ARUN JUDGE RK WP(C) NO. 20539 OF 2022

APPENDIX OF WP(C) 20539/2021

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF DEMAND NOTICE U/S 7 OF THE REVENUE RECOVERY ACT DATED 11.05.2022 ISSUED BY THE 3RD RESPONDENT EXHIBIT P2 TRUE COPY OF THE PETITIONE DATED 16.05.2022 FILED BEFORE THE 1ST RESPONDENT