Hassainar vs State Of Kerala
2024 Latest Caselaw 4485 Ker

Citation : 2024 Latest Caselaw 4485 Ker
Judgement Date : 6 February, 2024

Kerala High Court

Hassainar vs State Of Kerala on 6 February, 2024

Author: V Raja Vijayaraghavan

Bench: V Raja Vijayaraghavan

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
    TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
                     WP(C) NO. 17194 OF 2022

PETITIONER:

  HASSAINAR,
  AGED 51 YEARS
  S/O ALAVI, PERKUTH, VENGASSERI, EDAPPATTA,
  PERINTHALMANNA, MALAPPURAM DISTRICT PIN 679326.

  BY ADV RAFFEEKH.K


RESPONDENTS:

1 STATE OF KERALA,
  REPRESENTED BY IT SECRETARY, DEPARTMENT OF
  REVENUE, SECRETARIAT, THIRUVANANTHAPURAM, PIN
  695001.

2 RECOVERY OFFICER,
  PERINTHALMANNA CO-OPERATIVE AGRICULTURAL & RURAL
  DEVELOPMENT BANK LTD NO. P505, PERINTHALMANNNA,
  MALAPPURAM DISTRICT. PIN 679322.

3 THE DEPUTY TAHSILDAR,
  PERINTHALMANNA TALUK, MALAPPURAM DISTRICT, PIN
  679322.

4 THE VILLAGE OFFICER,
  EDAPPATTA VILLAGE, PERINTHALMANNA TALUK,
  MALAPPURAM DISTRICT, PIN 679322.

   BY ADVS.P.VIJAYAMMA
           PRINSUN PHILIP


  BY SRI V KRISHNA MENON, RECOVERY OFFICER,
  PERINTHALMANNA CO-OPERATIVE AGRICULTURAL & RURAL
 W.P.(C).17194 of 2022         2




   DEVELOPMENT BANK

   BY SRI. P M SHAMEER, GP.



   THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
 06.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C).17194 of 2022                   3




                                    JUDGMENT

The petitioner states that he availed a loan for Rs. 15 lakhs from the

second respondent Bank in 2016. The immovable property owned by the

petitioner was furnished by way of security. He states that his wife was

diagnosed with cancer, requiring him to incur substantial expenses for her

treatment. His financial resources were impeded, which impacted his capacity

to effect prompt repayment. Consequently, revenue recovery proceedings were

initiated under section 34 of the Act, 1968, to realize the amounts. In the said

circumstances, he approached the Government, and an order was passed to

facilitate him to repay the amount in 36 installments. It is asserted that the

petitioner was unable to comply with the directions, and the order is no longer

in force. He stated to have preferred Ext.P5 representation before the 1st

respondent. Though no orders have been passed, revenue recovery

proceedings have now been initiated. It is in the above backdrop that this

petition is filed seeking directions.

2. The learned Standing Counsel for the respondent Bank submits

that the total outstanding as of date is Rs.24,90,944/-. It is further submitted

that as ordered by this Court on 27.05.2022, a sum of Rs. 50,000/- has been

paid. It is submitted that the bank is willing to grant the petitioner an

opportunity to clear the outstanding amount in installments. He submits that

installments should strictly be limited to eight payments.

3. Upon careful consideration of the submissions made by both parties, it

is evident that the petitioner owes in excess of Rs.24.90 lakhs to the 2nd

respondent Bank. The respondents, very fairly, have agreed to permit the

petitioner to settle these debts through a limited number of installments. As a

measure of last resort, I am inclined to issue directions to facilitate the

petitioner in discharging his financial obligations to the 2nd respondent. This

approach is deemed necessary to provide a structured pathway for the

petitioner to clear off his monetary liabilities in a manageable manner.

4. Resultantly, this writ petition is ordered, and the following directions

are issued:

(i) The petitioner shall approach the 2nd respondent with a request to inform him of the details of the outstanding amount together with interest and other charges due from her in respect of the loan account. If such a request is made within two weeks from the date of receipt of a copy of this judgment, the 2nd respondent shall forthwith issue a statement in writing detailing the amounts.

(ii) On receipt of such a statement, the petitioner shall pay the amounts shown therein in fifteen (15) equal monthly installments. The first of which shall be payable on 15.3.2024, and the balance shall be paid on every succeeding month.

(iii) If the amounts are diligently paid in terms of the directions above, coercive proceedings initiated against him by the respondents for the realization of the amount shall be kept in abeyance.

(iv) It is made clear that if the petitioner commits default of any two installments, he will lose the benefit of this judgment, and the concerned respondents will be free to continue the recovery proceedings against him from the stage at which he presently stands and recover the entire amount along with interest and other charges.