Kerala High Court
Sivaji. K.B vs Deputy Tahsildar (Rr), Chavakkad ... on 14 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
WP(C) NO. 25518 OF 2023
PETITIONERS:
1 SIVAJI. K.B
AGED 53 YEARS
S/O BHASKARAN, KAKKANATTU HOUSE, VALAPPAD BEACH. P.O,
THRISSUR DISTRICT, PIN - 680567
2 ANANDAN.K.B
AGED 50 YEARS
S/O BHASKARAN, KAKKANATTU HOUSE, VALAPPAD BEACH. P.O,
THRISSUR DISTRICT, PIN - 680567
BY ADVS.
SALIM V.S.
A.M.FOUSI
A.B.AJIN
RESPONDENTS:
1 DEPUTY TAHSILDAR (RR), CHAVAKKAD TALUK OFFICE
CHAVAKKAD TALUK OFFICE, CHAVAKKAD, THRISSUR DISTRICT,
PIN - 680506
2 VILLAGE OFFICER
VALAPPAD VILLAGE, VALAPPAD.P.O., THRISSUR DISTRICT,
PIN - 680567
3 THE BRANCH MANAGER
THE FEDERAL BANK LTD., CHANDRAPPINNI BRANCH, THRISSUR
DISTRICT, PIN - 680568
BY ADVS.SRI. B.S.SYAMANTAK, GP,
SRI. MOHAN JACOB GEORGE, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.25518 OF 2023
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No.25518 of 2023
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Dated this the 14th day of August, 2023
JUDGMENT
The above writ petition is filed with the following
prayers:
"i) to issue a writ of mandamus or any other
writ, direction, or order, directing the respondents
to permit the petitioners to pay the amount covered
by exhibit P1 in 20 equal monthly installments.
ii) to permit the petitioners to dispense with
the production of translation of Exhibits P1 and P2
in vernacular language.
iii) to grant such other reliefs as this
Honourable Court may deem fit in the
circumstances of this case."[SIC]
2. Petitioners had availed a home loan from
the 3rd respondent Federal Bank. When there was
WP(C) NO.25518 OF 2023
default in repaying the same, recovery steps were
initiated against the petitioners. Hence this writ
petition is filed for granting instalment facility to pay
the amount.
3. Heard the learned counsel appearing for the
petitioners, the learned Government Pleader and the
learned Standing counsel appearing for the 3rd
respondent.
4. The Standing counsel appearing for the 3 rd
respondent submitted that the total amount due as on
today is Rs.14,02,887.56/-. Counsel appearing for
the petitioners submitted that the petitioners will pay
the above amount in 15 equal monthly instalments
starting from 01.10.2023.
5. After hearing both sides, I think that prayer
can be allowed on condition that the petitioners will
pay the future interest also.
WP(C) NO.25518 OF 2023
Therefore, this writ petition is disposed of with
the following directions:
i. The petitioners are allowed to pay the
balance amount of Rs.14,02,887.56/- in 15 Equal
monthly instalments starting from 01.10.2023.
ii. If there is any default of two
consecutive instalments, the respondents are free
to proceed in accordance with law.
iii. If the amount is paid as directed above,
the revenue recovery proceedings against the
petitioners shall be deferred.
iv. After receiving the entire amount as
directed above, the 3rd respondent is free to
collect the future interest also during the
instalment period.
Sd/-
P.V.KUNHIKRISHNAN
DM JUDGE
WP(C) NO.25518 OF 2023
APPENDIX OF WP(C) 25518/2023
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE DEMAND NOTICE DATED
20.02.2023 UNDER SECTION 7 OF THE
KERALA REVENUE RECOVERY ACT ISSUED
BY THE 1ST RESPONDENT .
EXHIBIT P2 TRUE COPY OF THE DEMAND NOTICE DATED
20.02.2023 UNDER SECTION 34 OF THE
KERALA REVENUE RECOVERY ACT ISSUED
BY THE 1ST RESPONDENT.
RESPONDENTS EXHIBITS :NIL
//TRUE COPY// PA TO JUDGE
