Sini C K vs The State Of Kerala
2023 Latest Caselaw 3037 Ker

Citation : 2023 Latest Caselaw 3037 Ker
Judgement Date : 13 March, 2023

Kerala High Court

Sini C K vs The State Of Kerala on 13 March, 2023

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
     MONDAY, THE 13TH DAY OF MARCH 2023 / 22ND PHALGUNA, 1944
                        WP(C) NO. 1297 OF 2023
PETITIONER:

          SINI C.K,
          AGED 38 YEARS,
          W/O THANKACHAN V.K,VALIYAKATTAYIL HOUSE,
          VENGALLUR P.O,CHELAKKARA,THRISSUR DISTRICT,
          PIN - 680 586.
          BY ADV AFEEF


RESPONDENTS:

    1     THE STATE OF KERALA,
          REP BY ITS SECRETARY TO THE GOVERNMENT,
          REVENUE DEPARTMENT,
          GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM DISTRICT - 695 001.
    2     THE DISTRICT COLLECTOR,
          OFFICE OF THE DISTRICT COLLECTOR, COLLECTORATE,
          CIVIL LINE, AYYANTHOLE P O,
          THRISSUR DISTRICT - 680 003.
    3     THE DEPUTY TAHSILDAR (REVENUE RECOVERY),
          THALAPPILLY TALUK, WADAKKANCHERY,
          THRISSUR DISTRICT - 680 623.
    4     THE VILLAGE OFFICER,
          VENGANELLUR VILLAGE, VENGANELLUR, THALAPPILLY TALUK,
          THRISSUR DISTRICT - 680 586.
    5     KERALA STATE CO-OPERATIVE BANK,
          REPRESENTED BY ITS AUTHORIZED OFFICER,
          SAHAKARANA SATHABDHI MANDIRAM, TUDA ROAD,
          KOVILAKATHUMPADAM, THIRUVAMBADI P.O,
          THRISSUR DISTRICT - 680 022.
          SMT.RESHMI THOMAS (GP)
          SRI.P.C.SASIDHARAN, SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 1297 OF 2023
                                  2


                            JUDGMENT

The petitioner availed a business loan from the respondent

Bank. On default being committed, proceedings have been taken

against the petitioner under the provisions of the Revenue Recovery

Act, prompting the petitioner to approach this Court by filing the

above writ petition.

2. The learned counsel for the petitioner submits that the

petitioner may be permitted to clear the liability in instalments.

3. The learned counsel for the respondent Bank submits

that the total outstanding amount is Rs.4,82,446/-(after giving

credit to the amounts paid by the petitioner in terms of the interim

order of this Court). It is submitted that the Bank has no objection

in granting some instalments to the petitioner provided the

instalments are limited.

4. I have heard the learned counsel for the petitioner as well

as the learned Standing Counsel for the respondent Bank.

5. 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 repay the outstanding amount in 12 instalments. WP(C) NO. 1297 OF 2023

6. Accordingly, there will be a direction to the respondent

Bank to accept repayment of the entire outstanding amount of

Rs.4,82,446/-(Rupees four lakhs eighty two thousand four hundred

and forty six only) along with any accrued interest, costs and

charges charges from the petitioner on the following conditions:

(i)The outstanding amount of Rs.4,82,446/-(Rupees four lakhs eighty two thousand four hundred and forty six only) along with any accrued interest, costs and charges shall be repaid in 12 equated monthly instalments.

(ii) The first instalment shall be paid on or before 27.03.2023 and the subsequent instalments shall be paid on or before the last working day of every succeeding month.