Majitha Beevi.N vs Thiruvananthapuram District ...
2023 Latest Caselaw 7304 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
              THE HONOURABLE MR. JUSTICE GOPINATH P.
     TUESDAY, THE 27TH DAY OF JUNE 2023 / 6TH ASHADHA, 1945
                      WP(C) NO. 19478 OF 2023
PETITIONER:

             MAJITHA BEEVI.N
             AGED 53 YEARS, W/O. NAZIMUDEEN,
             F.F.MANZIL, PALAKONAM, PERUMKULAM P.O.,
             PIN - 695 102.

             BY ADV E.V.MOLY



RESPONDENTS:

     1       THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK
             (KERALA BANK), REPRESENTED BY BRANCH MANAGER
             ATTINGAL BRANCH, MAMOM (NEAR FEDERAL BANK)
             ATTINGAL P.O. THIRUVANANTHAPURAM, PIN - 695 101.

     2       THE DISTRICT COLLECTOR
             2ND FLOOR, CIVIL STATION BUILDING,
             CIVIL STATION ROAD,
             THIRUVANANTHAPURAM, PIN - 695 043.

     3       THE DEPUTY THASILDAR, (RR)
             VARKALA TALUK, THIRUVANANTHAPURAM, PIN - 695 141.

     4       THE VILLAGE OFFICER
             MANAMBOOR VILLAGE, THIRUVANANTHAPURAM,PIN-695 144.

             BY ADV THOMAS ABRAHAM




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   27.06.2023,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C)No.19478/2023               2



                         JUDGMENT

Petitioner had availed credit facilities from the first

respondent Bank. On default being committed proceedings

have been initiated under the Revenue Recovery Act, to

recover the amounts due from the petitioner, prompting the

petitioner to approach this Court by filing the above writ

petition.

2. When this matter is taken up for consideration

today, the learned counsel appearing for the petitioner

would submit that the only relief sought for by the petitioner

is to permit the petitioner to clear the liability in some

installments.

3. The learned counsel appearing for the respondent

Bank would submit that as on 15-06-2023, the overdue

amount is Rs.12,17,000/-. It is submitted that the Bank has

no objection in some reasonable installments being granted

to the petitioner to clear the liability along with the condition

that the petitioner shall also pay the regular EMIs on the

loan on the due dates without fail.

4. Having regard to the circumstances of the case

and the situation now prevailing, apart from the submissions

made as recorded above, I am of the view that the petitioner

can be granted an opportunity to clear off the overdue

amount in fifteen (15) equal monthly installments first of

which shall be paid on or before 20-07-2023 and thereafter,

if the amount so directed is repaid within the time as

directed above, to have the loan account regularised.

5. Accordingly, there will be a direction to the

respondent bank to accept repayment of the entire overdue

amount of Rs.12,17,000/- along with bank charges from the

petitioner and regularise the loan account of the petitioner

on the following conditions:

(i) The overdue amount of Rs.12,17,000/- together

with any accrued interest and charges shall be

repaid in fifteen (15) equated monthly

instalments.

(ii) The first instalment shall be paid on or before

20-07-2023 and the subsequent instalments shall

be paid on or before the 20th day of every

succeeding month.

(iii) Petitioner shall continue to pay the regular EMI's

along with the instalments as directed above.

(iv) In the event of default of any one instalment, the

respondent bank shall be entitled to proceed in

accordance with law.

(v) In order to enable the petitioner to repay the

entire amounts, all coercive proceedings shall be

kept in abeyance.

The writ petition is disposed of as above.

Sd/-

GOPINATH P.

JUDGE ats

APPENDIX OF WP(C) 19478/2023

PETITIONER'S EXHIBITS

Exhibit P1 THE TRUE COPY OF THE DEMAND NOTICE AND ATTACHMENT NOTICE DATED 22.11.2022 ISSUED BY THE 3RD RESPONDENT

Exhibit P2 THE TRUE COPY OF THE CERTIFICATE FOR RECOVERY ISSUED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM

Exhibit P3 THE TRUE COPY OF THE REPRESENTATION DATED 17.05.2023 SUBMITTED BY THE PETITIONER