Raveendran vs District Collector
2023 Latest Caselaw 5804 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     WEDNESDAY, THE 24TH DAY OF MAY 2023 / 3RD JYAISHTA, 1945
                        WP(C) NO. 15314 OF 2023
PETITIONER:

          RAVEENDRAN
          AGED 50 YEARS
          S/O. NARAYANAN, AGED50 YEARS, MAMBALLIYIL HOUSE ,
          THENKUZHI, VAKERY WAYANAD DISTRICT, PIN - 673592

          BY ADV TONY THOMAS (INCHIPARAMBIL)



RESPONDENTS:

    1     DISTRICT COLLECTOR
          WAYANAD, PIN - 673592

    2     DEPUTY TAHSILDAR
          SULTHAN BATHERY TALUK WAYANAD-, PIN - 673592

    3     KERALA GRAMIN BANK
          REPRESENTED ITS MANAGER, VAKERY BRANCH, VAKERY P.O,
          WAYANAD DISTRICT, PIN - 673592


OTHER PRESENT:

          SRI.B.S.SYAMANTAK, GP, SRI.JAWAHAR JOSE, SC FOR R3




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.15314 of 2023

                                    2

                  P.V.KUNHIKRISHNAN
              ---------------------
                 W.P (C) No.15314 of 2023
           ---------------------------
             Dated this the 24th day of May, 2023

                               JUDGMENT

The writ petition is filed with the following prayers:-

"a) Call for the entire records leading upon Exhibit.P1, notice and quash the same by issuing a writ of certiorari, or any other appropriate writ, order or direction.

b) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondent to keep in abeyance recovery proceedings as per Ext.P1 and permit the petitioner to clear the dues as per Ext.P1 in 15 equal monthly instalments."

2. The petitioner availed a loan from the 3 rd

respondent bank. There was default in repaying the loan

amount. Hence, revenue recovery proceedings are initiated

at the instance of 3rd respondent. Aggrieved by the same,

this writ petition is filed.

3. Heard the learned counsel for the petitioner, the

learned Government Pleader and the learned counsel

appearing for the 3rd respondent.

4. The counsel for the petitioner submitted that the W.P (C) No.15314 of 2023

petitioner is ready to pay the entire amounts, if an

instalment facility is granted.

5. The learned Standing Counsel appearing for the

3rd respondent submitted that the outstanding amount due

as on today is Rs.8,90,293/-.

6. The counsel for the petitioner submitted that the

petitioner is ready to clear off the entire amount in ten

equal monthly instalments. If that be the case, the writ

petition can be disposed of allowing the petitioner to clear

off the entire loan liability in instalments. Therefore, this

writ petition is disposed of with the following directions:-

i) The petitioner is allowed to clear off the entire liability of Rs.8,90,293/- in ten equal monthly instalments starting from 01/07/2023.

ii) If there is any two consecutive defaults on the part of the petitioner, the respondents are free to proceed with the recovery proceedings.

iii) If the petitioner pays the amount as directed above, the recovery based on Ext.P1 shall be deferred.

Sd/-

P.V.KUNHIKRISHNAN

JUDGE

bng W.P (C) No.15314 of 2023

APPENDIX OF WP(C) 15314/2023

PETITIONER EXHIBITS

Exhibit.P1 TRUE COPY OF THE DEMAND NOTICE DATED.22.6.2022 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER