Basheer Kannikulangara vs The Authorized Officer
2023 Latest Caselaw 4929 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
         THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 13TH DAY OF APRIL 2023 / 23RD CHAITHRA, 1945
                 WP(C) NO. 13516 OF 2023
PETITIONER:

         BASHEER KANNIKULANGARA
         AGED 47 YEARS
         SON OF ABDUL RAHIMAN,
         RESIDING AT KANNIKULANGARA HOUSE,
         VELLIKOTH, AJANOOR P.O.,
         KASARAGOD DISTRICT,
         PIN - 671531

         BY ADVS.
         T.MADHU
         C.R.SARADAMANI
         SHAHID AZEEZ
         RENJISH S. MENON
         SINORAJ D.K.


RESPONDENTS:

    1    THE AUTHORIZED OFFICER
         DHANLAXMI BANK, REGIONAL OFFICE,
         FIRST FLOOR, C.M.MATHEW BUILDING,
         RAM MOHAN ROAD, CHINTHAVALAPPU,
         KOZHIKODE, PIN - 673004

    2    THE MANAGER
         DHANLAXMI BANK, KANHANGAD BRANCH,
         GROUND FLOOR, SOLAR AVENUE,
         NEAR SILPA CALOUR LAB,
         KOTTACHERY, KANHANGAD,
         KASARAGOD DISTRICT, PIN - 671315

    3    THE DISTRICT COLLECTOR
         KASARAGOD, CIVIL STATION,
         VIDYANAGAR P.O.,
         KASARAGOD DISTRICT,
         PIN - 671121

    4    THE DEPUTY TAHSILDAR
         HOSDURG TALUK,
         TALUK OFFICE,
         HOSDURG, KASARAGOD DISTRICT,
         PIN - 671315
 W.P.(C.) No. 13516/2023              2




     5       THE VILLAGE OFFICER
             AJANOOR VILLAGE,
             AJANOOR P.O.,
             KASARAGOD DISTRICT,
             PIN - 671531

             R1 & R2 BY SRI. C.K.KARUNAKARAN, STANDING COUNSEL
             R3 TO R5 SMT. RESHMI.K.M.,SENIOR GOVERNMENT
             PLEADER


      THIS     WRIT       PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION     ON    13.04.2023,      THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C.) No. 13516/2023          3




                            JUDGMENT

Petitioner has availed a cash credit facility and a

housing loan from the Dhanalaxmi Bank, Kanhangad

Branch - the second respondent. Admittedly, repayment

was defaulted, consequent to which Bank initiated action

resorting to the provisions of the Kerala Revenue Recovery

Act, 1968, evident from Exts.P2, P2(a), P3, P3(a), P4 and

P4(a) notices issued under Sections 7 and 34 of the said

Act. It is thus challenging the legality and correctness of

the coercive action, this writ petition is filed.

2. Even though various contentions are raised,

learned counsel for the petitioner submitted that it would

suffice if the petitioner is permitted to pay the outstanding

amount in reasonable equated monthly instalments.

3. Learned Standing Counsel for the Bank on

instructions submitted that in the cash credit account, an

amount of Rs. 3,00,000/- is outstanding and in the housing

loan account, an amount of Rs. 3,77,510/- is overdue.

4. I have heard learned counsel for the petitioner,

Sri. T. Madhu, learned Standing Counsel for the Bank,

Sri. C.K. Karunakaran and learned Senior Government

Pleader, Smt. Reshmi K.M., and perused the pleadings and

material on record.

5. Taking into account the adverse financial and

economic situations and other factors prevailing in the

community, I think it is only appropriate that the petitioner

is permitted to pay the above specified amounts in

reasonable equated monthly instalments. Therefore, the

petitioner is directed to pay the outstanding amount in the

cash credit account and the overdue amount in the housing

loan account in ten equated monthly instalments, starting

from 28.04.2023 and the balance instalments on the

corresponding date of the succeeding months.

6. I make it clear that the petitioner shall pay the

regular instalments due in the housing loan along with the

instalments as directed above. It is further made clear that,

if any one of the instalment or payment of regular

instalment is defaulted by the petitioner, the respondent

Bank will be at liberty to resurrect the action on the basis of

revenue recovery notices and recover the amount in lump.

The writ petition is disposed of as above.

Sd/-

SHAJI P. CHALY JUDGE DCS/12.04.2023

APPENDIX

PETITIONER EXHIBITS

EXHIBIT-P1 THE TRUE COPY OF THE NOTICE DATED 12/8/2021 ISSUED BY THE FIRST RESPONDENT UNDER SECTION 13(2) OF THE SECURITIZATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT 2002

EXHIBIT-P2 THE TRUE COPY OF THE DEMAND NOTICE DATED 22/3/2023 BEARING NO.RRC.2023/2093/14 ISSUED UNDER SECTION 7 OF THE REVENUE RECOVERY ACT

EXHIBIT-P2(A) THE TRUE COPY OF THE DEMAND NOTICE DATED 22/3/2023 BEARING NO.RRC.2023/2093/14 ISSUED UNDER SECTION 34 OF THE REVENUE RECOVERY ACT

EXHIBIT-P3 THE TRUE COPY OF THE DEMAND NOTICE DATED 22/3/2023 BEARING NO.RRC.2023/2094/14 ISSUED BY THE FOURTH RESPONDENT UNDER SECTION 7 OF THE REVENUE RECOVERY ACT

EXHIBIT-P3(A) THE TRUE COPY OF THE DEMAND NOTICE DATED 22/3/2023 BEARING NO.RRC.2023/2094/14 ISSUED BY THE FOURTH RESPONDENT UNDER SECTION 34 OF THE REVENUE RECOVERY ACT

EXHIBIT-P4 THE TRUE COPY OF THE DEMAND NOTICE DATED 22/3/2023 BEARING NO.RRC.2023/2095/14 ISSUED BY THE FOURTH RESPONDENT UNDER SECTION 7 OF THE REVENUE RECOVERY ACT

EXHIBIT-P4(A) THE TRUE COPY OF THE DEMAND NOTICE DATED 22/3/2023 BEARING NO.RRC.2023/2095/14 ISSUED BY THE FOURTH RESPONDENT UNDER SECTION 34 OF THE REVENUE RECOVERY ACT

EXHIBIT-P5 THE TRUE COPY OF THE RECEIPT DATED 27/3/2023 ISSUED BY THE KERALA STATE CO-OPERATIVE BANK SHOWING THE REMITTANCE OF RS.1,00,000/- WITH THE DHANLAXMI BANK, KANHANGAD BRANCH