Pramod Kumar. S vs The District Collector, ...
2023 Latest Caselaw 3904 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR. JUSTICE GOPINATH P.
     THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945
                      WP(C) NO. 10560 OF 2023
PETITIONER:

             PRAMOD KUMAR. S
             AGED 46 YEARS, S/O.M.SOMAN NAIR,
             KRISHNA VILASAM BENGLOW, MANCHAMCODU, AZHAMKAL,
             NEYYARDAM. P. O, KALLIKKAD, NEYYAR DAM,
             THIRUVANANTHAPURAM, KERALA, PIN - 695 572.

             BY ADV N.BIJA KRISHNA



RESPONDENTS:

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

       2     THE TAHASILDAR (REVENUE RECOVERY), KATTAKKADA,
             MINI CIVIL STATION RD, KULATHUMMAL,
             KERALA, PIN - 695 572.

       3     VILLAGE OFFICER, KALLIKADU VILLAGE OFFICE,
             THIRUVANANTHAPURAM NEYYAR DAM ROAD,
             KERALA, PIN - 695 572.

       4     KERALA STATE CO OPERATIVE BANK, KATTAKKADA,
             KP 17/144, PANDYALAYIL BUILDINGS,
             OPP. KULATHUMMAL LP SCHOOL KATTAKKADA, KATTAKKADA,
             THIRUVANANTHAPURAM, PIN - 695 572.

             BY ADVS
                   THOMAS ABRAHAM
                   BIMAL K NATH (SR GP)




        THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    30.03.2023,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C)No.10560/2023                  2




                              JUDGMENT

Petitioner has approached this Court challenging

proceedings initiated under the Kerala Revenue Recovery

Act, for recovery of amounts due in respect of a mortgage

loan availed from the respondent bank.

2. During the course of hearing, the petitioner has

confined the relief to an opportunity of repaying the overdue

amount in instalments and to obtain regularisation of the

loan account.

3. The counsel for the respondent Bank submits that

there is no objection in permitting the petitioner to clear the

overdue amount in some limited instalments. It is submits

that the overdue amount as on 27-03-2023 is Rs.4,65,646/-.

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 clear off the overdue

amount in fifteen (15) equal monthly instalments first of

which shall be paid on or before 17-04-2023 and thereafter,

if the amount so directed is repaid within the time as

directed above, to have the loan account regularised.

6. Accordingly, there will be a direction to the

respondent bank to accept repayment of the entire overdue

amount of Rs.4,65,646/- 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.4,65,646/- 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

17-04-2023 and the subsequent instalments shall

be paid on or before the 17th 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) 10560/2023

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE NOTICE DATED 05/12/2022, ISSUED BY THE 4TH RESPONDENT