Kerala High Court
A.V.Sujatha vs The District Industries Centre on 5 April, 2024
Author: P Gopinath
Bench: P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
WP(C) NO. 7553 OF 2016
PETITIONER:
A.V.SUJATHA
AGED 50 YEARS, W/O RAVEENDRAN NAIR,
AIKKARA HOUSE, VAZHAMUTTAM (E) P.O.,
PATHANAMTHITTA, PIN-689 647.
BY ADVS.
SRI.S.SHANAVAS KHAN
SMT.S.INDU
RESPONDENTS:
1 THE DISTRICT INDUSTRIES CENTRE
KOZHENCHERRY, PATHANAMTHITTA, PIN- 689 645.
REPRESENTED BY ITS GENERAL MANAGER.
2 THE DEPUTY TAHSILDAR
REVENUE RECOVERY, KOZHENCHERRY,
PATHANAMTHITTA-689 645.
3 THE VILLAGE OFFICER
PRAMADAM/KONNI VILLAGE, KOZHENCHERRY,
PATHANAMTHITTA-689 645.
BY ADV. VENUGOPAL V. (GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.7553/2016
-:2:-
JUDGMENT
The petitioner availed a margin money loan from the
District Industries Centre, Kozhencherry, for starting a
workshop.
2. Learned counsel for the petitioner submits that owing
to health issues, the workshop of the petitioner had to be shut
down. It is submitted that revenue recovery proceedings have
been initiated to recover the margin money of Rs.25,000/-
together with interest at the rate of 11.5% (from 28-01-1997)
after about 18 years. It is submitted that the revenue recovery
proceedings are barred by limitation.
3. The learned Government Pleader submits that there
is no question of the revenue recovery proceedings being barred
by limitation, as admittedly, the amounts are amounts due to
the Government and the amounts were disbursed on the basis of
an agreement executed between the petitioner and the
Government through the District Industries Centre,
Kozhencherry. It is submitted that the limitation for recovery is
therefore 30 years under Article 112 of the Schedule to the
Limitation Act, and therefore, the recovery proceedings are not
barred by limitation as contended by the petitioner.
4. Faced with this situation, the learned counsel for the
petitioner submits that the petitioner may be permitted to pay
off the principal amount in some instalments. It is submitted
that considering the long delay in initiating the recovery
proceedings, the interest on the amount may be waived.
5. Having heard the learned counsel for the petitioner
and the learned Government Pleader and having regard to the
facts and circumstances of the case and also considering the
fact that the petitioner is a woman entrepreneur who could not
successfully carry on the business for which the margin money
was allotted owing to her health condition, I am of the opinion
that the petitioner can be given an opportunity to pay off the
principal amount in some instalments, making it clear that if the
petitioner does not clear the liability as permitted, it will be
open to the respondents to continue with the recovery
proceedings for recovery of the amount together with interest
thereon.
Accordingly, this writ petition will stand disposed of
directing that the petitioner shall pay the principal amount of
Rs.25,000/- in three (03) equal monthly instalments. The 1 st
instalment shall be paid on or before 30-04-2024. The 2 nd
instalment shall be paid on or before 31-05-2024 and the 3 rd
instalment shall be paid on or before 30-06-2024. If any of the
one instalment is not paid, it will be open to the respondents to
continue with the revenue recovery proceedings now initiated
against the petitioner. Considering the fact that this judgment is
issued in the peculiar facts and circumstances of the case, it is
made clear that this shall not be treated as a precedent in any
future case.
Sd/-
GOPINATH P.
ats JUDGE
APPENDIX OF WP(C) 7553/2016
PETITIONER'S EXHIBITS
EXHIBIT P1: TRUE COPY OF THE NOTICE DATED 30.12.2015
ISSUED BY THE SECOND RESPONDENT.
EXHIBIT P2: TRUE COPY OF THE NOTICE UNDER SECTION 34 OF
THE REVENUE RECOVERY ACT DATED 3.12.2015.
EXHIBIT P3: TRUE COPY OF THE REPRESENTATION DATED
16.2.2016 SUBMITTED BY PETITIONER BEFORE IST
RESPONDENT.
EXHIBIT P4: TRUE COPIES OF THE TREATMENT RECORDS ISSUED
FROM KERALA INSTITUTE OF MEDICAL SCIENCES,
THIRUVANANTHAPURAM.
