Prakasan vs The District Collector, ...
2024 Latest Caselaw 11765 Ker

Kerala High Court

Prakasan vs The District Collector, ... on 30 April, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
           THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
     TUESDAY, THE 30TH DAY OF APRIL 2024 / 10TH VAISAKHA, 1946
                      WP(C) NO. 16604 OF 2024
PETITIONER:

            PRAKASAN, AGED 50 YEARS
            S/O SUDHAKARAN, RESIDING AT VIJAYAMMA TOWER, 7/MRA
            227, MUKKOLACKAL, KULATHOOR P.O,
            THIRUVANANTHAPURAM DISTRICT, PIN - 695583

            BY ADV MITHUN P.


RESPONDENTS:

       1    THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM
            CIVIL STATION BUILDING, CIVIL STATION ROAD,
            THIRUVANANTHAPURAM, KERALA, PIN - 695043

       2    THE SPECIAL DEPUTY TAHSILDAR
            REVENUE RECOVERY, KSFE, 2ND FLOOR NEW TRIDA
            BUILDING, MEDICAL COLLEGE P.O, THIRUVANANTHAPURAM,
            PIN - 695011

       3    KERALA STATE FINANCIAL ENTERPRISES LIMITED
            REPRESENTED BY ITS REGIONAL MANAGER, KSFE SILVER
            JUBILEE BUILDINGS, STATUE, CHIRAKULAM ROAD,
            THIRUVANANTHAPURAM, PIN - 695001

            SRI. SALIL NARAYANAN K.A.-SC, SMT.DEEPA NARAYANAN-
            SR.GP


        THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    30.04.2024,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C).No.16604/2024

                               -:2:-

                           JUDGMENT

The petitioner is a subscriber to a chitty and availed a loan

from the 3rd respondent. The petitioner has defaulted the

repayment of loan amount. Now the 2nd respondent has initiated

recovery proceedings.

2. The learned counsel for the petitioner submitted that

the petitioner is prepared to clear the entire loan amount in 15

equal monthly instalments.

3. The learned Standing Counsel for the 3rd respondent

submits that the total amount due as on date is ₹16,04,809/-.

The learned Standing Counsel further submits that 12

instalments can be given.

Having heard both sides, this writ petition is disposed of,

granting liberty to the petitioner to clear the entire loan amount

along with interest in 15 equal monthly instalments, commencing

from 1.6.2024 onwards. The subsequent instalments shall be

paid on the 5th day of every month. In case of default of any of

the instalments, the aforesaid facility extended shall stand

cancelled and the 3rd respondent/KSFE will be at liberty to

proceed with the recovery proceedings. Subject to the above

direction, the recovery proceedings against the petitioner shall be

kept in abeyance.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE kp

APPENDIX OF WP(C) 16604/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE REVENUE RECOVERY DEMAND NOTICE ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER UNDER SECTION 36 OF REVENUE RECOVERY ACT DATED 03.01.2024