Kerala High Court
Aboobacker vs The District Collector on 2 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 2ND DAY OF MARCH 2022/11TH PHALGUNA, 1943
WP(C) NO. 6569 OF 2022
PETITIONER:
ABOOBACKER, AGED 40, S/O.HAMSAKUTTY,
ALUNKAL HOUSE, KARUVARAKUNDU, MAMBUZHA P.O.,
MALAPPURAM DISTRICT, PIN - 691 504.
BY ADVS.
V.PHILIP MATHEWS
GIBI.C.GEORGE
E.RADHAKRISHNAN
AMAL PARTHASARADHY
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
MALAPPURAM, PIN - 676 505.
2 THE DEPUTY TAHSILDHAR,
NILAMBUR TALUK,
MALAPPURAM DISTRICT, PIN - 679 327.
3 THE VILLAGE OFFICER,
VILLAGE OFFICE TUVVUR,
MALAPPURAM DISTRICT, PIN - 679 327.
4 STATE BANK OF INDIA,
KARUVARAKUNDU BRANCH,
KIZHAKETHALA, KARUVARAKUNDU,
MALAPPURAM DISTRICT 676 523
REPRESENTED BY ITS CHIEF MANAGER.
SRI.APPU P.S., G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 02.03.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C)No.6569/2022
2
JUDGMENT
Dated this the 2nd day of March, 2022
The petitioner, who is engaged in the business of
manufacturing of packaged drinking water, availed a Term
Loan of `20 lakhs and Cash Credit facility for an amount of
`3 lakhs from the 4th respondent on 13.03.2015. The
petitioner has been making regular remittances towards the
repayment of loans/advances. According to the petitioner,
he has so far repaid `21,06,162/-.
2. Due to the pandemic circumstances, the petitioner
could not remit certain instalments. The respondents
thereupon resorted to Revenue Recovery proceedings and
Ext.P1 demand notice has been issued to the petitioner.
The petitioner states that he is ready and willing to wipe off
the entire dues to the 4th respondent provided the petitioner
is granted instalment facility to repay the same.
WP(C)No.6569/2022
3. The learned Standing Counsel for the 4 th
respondent resisted the writ petition. The Standing Counsel
submitted that though the petitioner has made repayment for
some period, subsequently the petitioner made consistent
defaults. In such circumstances, the 4th respondent had no
other way than to resort to Revenue Recovery proceedings
for realisation of dues. However, taking into consideration
the pandemic situation prevailing, the petitioner can be given
a limited period for repayment of the amount, in instalments.
4. I have heard the learned counsel for the
petitioner, the learned Government Pleader for respondents
1 to 3 and the learned Standing Counsel for the 4 th
respondent.
5. The amount availed by the petitioner towards loan
and advance is `23 lakhs. The amount was taken in the
year 2015. According to the petitioner, he has repaid more
than `21 lakhs till this date. The petitioner could not make
WP(C)No.6569/2022
remittances of few instalments. Now, the 4 th respondent has
recalled the entire amounts. The amount now payable to the
4th respondent would be more than `18 lakhs. Taking into
consideration the entire facts and circumstances of the case,
this Court is of the considered view that the petitioner can be
granted reasonable time to remit the outstanding
instalments.
Accordingly, the writ petition is disposed of permitting
the petitioner to repay the amount in nine equal monthly
instalments, first of such instalment should be paid on or
before 31.03.2022. If the petitioner makes any default in
remittances as directed above, the 4 th respondent will be at
liberty to proceed against the petitioner in accordance with
law.
Sd/-
N. NAGARESH
JUDGE
ncd/02.03.2022
WP(C)No.6569/2022
APPENDIX OF WP(C) 6569/2022
PETITIONER'S EXHIBITS
Exhibit P1 COPY OF FORM NO.1 DEMAND NOTICE DATED
04-08-2021 ISSUED BY THE SECOND
RESPONDENT TO THE PETITIONRE
Exhibit P2 COPY OF FORM NO.10 DEMAND NOTICE
DATED 12-08-2021 ISSUED BY THE SECOND
RESPONDENT TO THE PETITIONER
Exhibit P3 COPY OF LAWYER NOTICE DATED 09-09-
2021 ISSUED TO THE FIRST RESPONDENT
Exhibit P4 COPY OF REPLY DATED 15-09-2021 ISSUED
FROM THE OFFICE OF THE FIRST
RESPONDENT
