Reena K G vs The District Collector
2023 Latest Caselaw 6469 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     TUESDAY, THE 13TH DAY OF JUNE 2023 / 23RD JYAISHTA, 1945
                       WP(C) NO. 18728 OF 2023
PETITIONERS:

    1     REENA K G
          AGED 35 YEARS
          W/O VINOJ P C, PAMBOORIL HOUSE, KARIMBA, KARIMBA-1,
          PALAKKAD KERALA, PIN - 678597, KERALA
    2     VINOJ P C
          AGED 38 YEARS
          PAMBOORIL HOUSE, KARIMBA, KARIMBA-1, PALAKKAD, KERALA,
          PIN - 678597
          BY ADVS.
          THARA JOHNSON
          VIMAL VIJAY


RESPONDENTS:

    1     THE DISTRICT COLLECTOR
          COLLECTORATE, PALAKKAD, PIN - 678 001
    2     THE DEPUTY TAHSILDAR
          MANNARKKAD TALUK, MANNARKKAD P O,
          PALAKKAD, PIN - 678582
    3     THE VILLAGE OFFICER
          KARIMBA VILLAGE OFFICE, KARIMBA - 1, MANNARKKAD TALUK,
          PALAKKAD, PIN - 678597
    4     THE VILLAGE OFFICER
          PALAKKAYAM VILLAGE OFFICE, PALAKKAYAM, MANNARKKAD
          TALUK, PALAKKAD, PIN - 678591
    5     THE BRANCH MANAGER
          BANK OF BARODA (ERSTWHILE VIJAYA BANK) KARIMBA,
          PALAKKAD, PIN - 678597
          BY ADVS.
          ROJO JOSEPH- R5
 WP(C) NO. 18728 OF 2023


                           2


          SRI.B.S.SYAMANTAK, GP




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.06.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 18728 OF 2023


                                  3




             P.V.KUNHIKRISHNAN, J.
            ------------------------------
            W.P.(C)No. 18728 of 2023
    ----------------------------------------------
     Dated this the 13th day of June, 2023


                          JUDGMENT

The above writ petition is filed with the

following prayers:

"(i) Issue a writ of certiorari or any other appropriate writ, order or direction, quashing the same.

(ii) Issue a writ of mandamus or other appropriate writ, order or direction, directing the 5th respondent to allow the Petitioners to clear off the outstanding amount in 25 equal monthly instalments respectively.

(iii) Issue a writ of mandamus or other appropriate writ, order or direction, directing the 2nd respondent not to proceed with Ext.P1 to P4 or to initiate any coercive steps against the petitioner for the recovery of the above loan.

(iv) Grant such other and further reliefs as this Hon'ble Court deems fit and proper in WP(C) NO. 18728 OF 2023

the circumstances of this case.

(v) Dispense with production of filing translations of vernacular documents."[SIC]

2. Petitioners are aggrieved by the revenue

recovery proceedings initiated against them based

on the requisition from the 5 th respondent bank for

default in repaying the agricultural loan availed by

the petitioners.

3. Heard the learned counsel appearing for

the petitioners, the learned Government Pleader

and the learned Standing counsel appearing for the

5th respondent.

4. The Standing counsel appearing for the

5th respondent submitted that the outstanding

amount due as on 12.06.2023 is Rs.10,15,483/-.

Counsel for the petitioners submitted that,

instalment facility may be given to them otherwise

they will be in trouble because of their financial WP(C) NO. 18728 OF 2023

conditions.

5. After hearing both sides, I think

instalment facility can be given to the petitioners on

condition that, if there is any default of two

consecutive instalments, the respondents are free

to proceed in accordance with law. I also make it

clear that the petitioners shall pay future interest

also till the instalment period is over with service

charge, if any.

Therefore, this writ petition is disposed of in

the following manner:

i. The petitioners shall repay an amount

of Rs.10,15,483/- in 20 equal monthly

instalments starting from 30.06.2023.

ii. If there is any default of two

consecutive instalments, the respondents are

free to proceed with the recovery in accordance

with law.

WP(C) NO. 18728 OF 2023

iii. After paying the above instalment

amount, the 5th respondent is free to collect the

future interest accrued, service charges etc.

also from the petitioner.

Sd/-

P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO. 18728 OF 2023

APPENDIX OF WP(C) 18728/2023

PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE DEMAND NOTICE DATED 06-07-2022 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P2 THE TRUE COPY OF THE DEMAND NOTICE DATED 11-07-2022 ISSUED BY THE 2ND RESPONDENT EXHIBIT P3 THE TRUE COPY OF THE DEMAND NOTICE DATED 03-04-2023 ISSUED BY THE 2ND RESPONDENT EXHIBIT P4 THE TRUE COPY OF THE DEMAND NOTICE DATED 16-05-2023 ISSUED BY THE 2ND RESPONDENT.

RESPONDENTS EXHIBITS : NIL
       //TRUE COPY//                 PA TO JUDGE