Kerala High Court
Naseer M vs District Collector on 20 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 20TH DAY OF JUNE 2023 / 30TH JYAISHTA, 1945
WP(C) NO. 19526 OF 2023
PETITIONER:
NASEER M
AGED 48 YEARS
S/O MOHAMMED KUNJU, KOLLISSERRIL, PUTHENVEEDU, PADA
NORTH, KARUNAGAPPALLY, KOLLAM, PIN - 690518
BY ADVS.
M.R.SASITH
R.K.CHIRUTHA
ANJANA SURESH.E
NEELANJANA NAIR
BHAVANA K.K
ANJANA L. SURENDRAN
REETHU JACOB
RESPONDENTS:
1 DISTRICT COLLECTOR,
COLLECTORATE, CIVIL STATION ROAD, KOLLAM, PIN - 691013
2 KERALA STATE FINANCIAL ENTERPRISES LIMITED (KSFE)
REPRESENTED BY, MANAGING DIRECTOR, 2ND FLOOR, S.V.MALL,
M.K.HEMACHANDRAN ROAD, PUTHIYIDAM, KAYAMKULAM P.O.
ALAPPUZHA, PIN - 690502
3 SPECIAL DEPUTY TAHSILDAR (RR),
THE KSFE LTD, KOLLAM, PIN - 691001
SRI.B.S.SYAMANTAK, GP
SRI.ARUN ANTONY, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 19526 OF 2023
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C)No. 19526 of 2023
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Dated this the 20th day of June, 2023
JUDGMENT
The above writ petition is filed with the
following prayers:
"(1) Issue a writ of mandamus or any
other appropriate writ, order or direction
directing the 1 to 3 respondents to grant 24
equal monthly installments for repayment of
entire amounts due to the 2nd and 3rd
respondents till that period all further
proceedings in Exhibit P1 to P4 including revenue
recovery shall kept in abeyance.
(2) To dispense with the filling of
translation of vernacular documents.
(3) Grant such other reliefs as this
Hon'ble Court may deem fit and proper in the
facts and circumstances of the case."[SIC]
WP(C) NO. 19526 OF 2023
2. The main prayer in this writ petition is to
grant instalment facility to the petitioner to repay
the amount due to the 2nd respondent. The
Standing counsel appearing for the 2nd respondent
submitted that there are two chitties availed by the
petitioner. In connection with two chitties, an
amount of Rs.29,80,500/- is due from the
petitioner. Counsel appearing for the petitioner
submitted that, the petitioner will be able to clear
the entire amount, if this Court grant him 20 Equal
Monthly Instalments. I think that prayer can be
allowed on condition that the petitioner will pay
future interest and service charges, if any.
Therefore, this writ petition is disposed of in
the following manner:
i. The petitioner is allowed to pay the
entire amount of Rs.29,80,500/- in 20 Equal
WP(C) NO. 19526 OF 2023
Monthly Instalments starting from 01.08.2023.
ii. If there is any default of two
consecutive instalments, the respondents are
free to proceed with the recovery in accordance
with law.
iii. If the amount is paid as directed
above, the recovery based on Exts.P3 and P4
shall be deferred.
iv. After paying the entire amount as
directed above, the petitioner is also liable to
pay future interest, service charges etc, based
on the demand from the respondent.
Sd/-
P.V.KUNHIKRISHNAN
DM JUDGE
WP(C) NO. 19526 OF 2023
APPENDIX OF WP(C) 19526/2023
PETITIONER EXHIBITS
EXHIBIT-P1 THE TRUE COPY OF DEMAND NOTICE
ISSUED BY THE 3RD RESPONDENT DATED
10.05.2023 BEARING RRC
NO.2022/10803/04
EXHIBIT- P2 THE TRUE COPY OF DEMAND NOTICE
ISSUED BY THE 3RD RESPONDENT DATED
10.05.2023 BEARING RRC NO.
2022/10811/04
EXHIBIT-P3 THE TRUE COPY OF THE SALE NOTICE
BEARING RRC NO.2022/10803/04
ISSUED BY THE 3RD RESPONDENT
EXHIBIT-P4 THE TRUE COPY OF THE SALE NOTICE
BEARING RRC NO. 2022/10811/04
ISSUED BY THE 3RD RESPONDENT
RESPONDENTS EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
