Kerala High Court
Sreeja R Pillai vs District Collector ... on 12 April, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945
WP(C) NO. 12812 OF 2023
PETITIONER:
SREEJA R PILLAI,
AGED 58 YEARS, W/O.RAVEENDRAN PILLAI,
UNNIKALAYIL HOUSE, CHELIKKUZHI P.O,
KUNNIDAENATHIMANGALAM,
PATHANAMTHITTA, KERALA, PIN - 691 556.
BY ADVS.
BABY THOMAS
GEORGE T.J
MARIAMMA JOSEPH
INDRAJITH S KAIMAL
ALBERTHOVE FRANCIS.M.G.
ALICIA JOSE
RESPONDENTS:
1 DISTRICT COLLECTOR,
2ND FLOOR, COLLECTORATE ROAD, CHITTOOR,
PATHANAMTHITTA, KERALA, PIN - 689 645.
2 DEPUTY THAHASILDHAR,
REVENUE RECOVERY OFFICE,
ADOOR, ADOOR PO, PATHANAMTHITTA,
KERALA, PIN - 691 523.
3 VILLAGE OFFICER,
ENADIMANGALAM, ADOOR TALUK ENADIMANGALAM PO,
KERALA, PIN - 691 524.
4 THE AUTHORISED OFFICER,
THE KERALA STATE CO-OPERATIVE BANK,
REGIONAL OFFICE,PB NO. 104,
OPP. MUNCIPAL TOWN HALL,
ALAPPUZHA, PIN - 688 001.
SRI. N. RAGHURAJ - SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No.12812 of 2023
:2:
SHAJI P. CHALY, J.
-------------------------------------------------
W.P.(C).No.12812 of 2023
--------------------------------------------------
Dated this the 12th day of April, 2023
JUDGMENT
Petitioner availed an agricultural loan of Rs.10,30,000/- from the Kerala
State Co-operative Bank, Regional Office, Alappuzha in the year 2015.
Admittedly, repayment was defaulted, consequent to which the Bank initiated
action resorting to the provisions of the Kerala Revenue Recovery Act, 1968
(for short, 'the Act'), evident from Ext.P4 series of notice issued under Sections
7 and 34 of the Act.
2. The basic challenge in the writ petition is that since the amount sought
to be recovered is exceeding Rs.10 lakhs, the remedy available to the Bank is
under the provisions of the SARFAESI Act, 2002. Learned counsel for the
petitioner, in that regard, has invited my attention to the judgment of a learned
Single Judge of this Court in Sam J. Mathews and others v. Deputy
Tahsildar (RR) Taluk Office, Thalapally, Trichur and Others [2019 (4)
KHC 105], in which it is laid down that, if the amount is exceeding Rs.10 lakhs,
the Bank has to resort to the provisions of the SARFAESI Act, 2002; and under
the typical circumstances of this case, the recovery action was held bad and
quashed accordingly. But, fact remains, the threshold amount of Rs.10 lakhs
was raised to Rs.20 lakhs under the Act in question. Therefore, the said
contention advanced by the petitioner that revenue recovery action cannot be
initiated in a proceeding exceeding Rs.10 lakhs cannot be sustained under law.
Anyhow, at that point of time, learned counsel for the petitioner submitted that
W.P.(C).No.12812 of 2023
petitioner is prepared to pay the outstanding principal amount in reasonable
equated monthly installments. It is also submitted that petitioner's husband is
laid up and one side is paralysed and therefore, seeks a sympathetic approach
in the matter of payment of the penal interest and other charges by the
respondent Bank.
3. The learned Standing Counsel for the Bank submitted that as on
11.04.2023, the amount outstanding is Rs.13,93,036/-. Learned counsel for the
petitioner seeks payment of the outstanding amount in twenty equated
monthly installments and the liberty to approach the Bank to waive of the
penal interest and other charges.
4. I have heard the learned counsel for the petitioner, Sri.Baby Thomas,
the learned Standing Counsel for the Bank Sri.N.Raghuraj and the learned
Senior Government Pleader Smt.Reshmi K.M. and perused the pleadings and
material on record.
5. Since the petitioner has submitted that the amount would be paid in
reasonable equated monthly installments, taking into consideration the
adverse financial and economic situations prevailing in the community and
other adverse factors, it is only fair and proper that the petitioner is permitted
to pay the outstanding amount in reasonable equated monthly installments.
Therefore, the petitioner is permitted to pay the outstanding amounts in
fifteen equated monthly installments. The first among the said installments
shall be paid on or before 28.04.2023 and the balance amount on the
corresponding dates of the succeeding months. After payment of the third
installment, petitioner is granted the liberty to file a suitable representation
before the Bank seeking waiver of penal interest and other charges; and if any
W.P.(C).No.12812 of 2023
such representation is received, the Bank shall consider the same taking into
account the fact that petitioner's husband is laid up due to Paralysis. However,
I make it clear that if any one of the installments as directed above is defaulted
by the petitioner, the Bank will be at liberty to resurrect the recovery action
and proceed in accordance with law to recover the amount in lump sum.
The writ petition is disposed of as above.
Sd/-
SHAJI P. CHALY, JUDGE
ak
W.P.(C).No.12812 of 2023
APPENDIX OF WP(C) 12812/2023
PETITIONER'S EXHIBITS:-
Exhibit P1 A TRUE COPY OF THE LAND TAX RECEIPT DATED
25/03/2022.
Exhibit P2 A TRUE COPY OF THE DEMAND NOTICE DATED
01/12/2020.
Exhibit P3 A TRUE COPY OF THE NOTICE AUTHORIZING THE
DISTRICT COLLECTOR TO INITIATE RECOVERY
PROCEEDINGS UNDER THE ACT DATED
23/09/2021.
Exhibit P4 A TRUE COPY OF THE ATTACHMENT NOTICE
UNDER SECTION 34 OF THE RR ACT DATED
17/03/2022.
Exhibit P5 A TRUE COPY OF THE REPRESENTATION BY THE
PETITIONER TO THE HON'BLE REVENUE
MINISTER, GOVERNMENT OF KERALA DATED
13/07/2022.
