Thomas Mathw. P V vs The District Collector
2024 Latest Caselaw 4672 Ker

Kerala High Court

Thomas Mathw. P V vs The District Collector 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. 43235 OF 2023
PETITIONER:

  THOMAS MATHW. P V,
  AGED 49 YEARS
  S/O THOMAS.P.V PUTHETHU, RANNI,
  PATHANATHITTA, PIN - 689672

  BY ADV V.K.DINESH KUMAR


RESPONDENTS:

1 THE DISTRICT COLLECTOR
  COLLECTORATE, PATHANAMTHITTA.,
  PIN - 689640

2 THE DEPUTY TAHSILDAR
  REVENUE RECOVERY, TALUK OFFICE,
  RANNI, PATHANAMTHITTA.,
  PIN - 689673

3 THE VILLAGE OFFICER
  RANNI VILLAGE, RANNI TALUK,
  PATHANAMTHITTA.,
  PIN - 689672

4 THE BRANCH MANAGER,
  KERALA BANK, PAZHAVANGADI,
  LTTIYAPPARA, RANNI, PATHANAMTHITTA
  DISTRICT KERALA.,
  PIN - 689673




  BY SRI. N RAGHURAJ, SC FOR KERALA BANK



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION       ON
06.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 43235 OF 2023                 2




                                      JUDGMENT

The petitioner is stated to have availed a business loan for a sum of

Rs. 2,00,000/- from the fourth respondent Bank. The petitioner states that

he suffered substantial losses in his business operations, which impaired

his finances and could not pay the loan installments on time. It is stated

that when the default was committed, revenue recovery proceedings were

initiated under the Kerala Revenue Recovery Act, 1968 to realize the

amount by attaching the mortgaged property of the petitioner. This has led

the petitioner to approach this Court seeking directions to respondents to

grant the petitioner breathing time to pay the amount in easy installments.

2. The learned counsel appearing for the petitioner submits that

the petitioner shall remit a sum of Rs. 50,000/- within a period of one

month and the balance in eight installments.

3. The learned Standing Counsel appearing for the Bank submits

that the loan was availed in the year 2020, and the total outstanding as of

this date is Rs. 1,62,869/-. The learned counsel submits that the

respondent bank is not averse to granting an opportunity to the petitioner

to clear the amount due in installments. However, he submits that not

more than six installments be granted.

4. I have considered the submissions advanced and have carefully

gone through the records.

5. Upon careful consideration of the submissions made by both

parties, it is evident that the petitioner owes in excess of Rs. 1.62 lakhs to

the respondent Bank. As a measure of last resort, I am inclined to issue

directions to facilitate the petitioner in discharging his financial obligations to

the respondent. This approach is deemed necessary to provide a structured

pathway for the petitioner to clear off his monetary liabilities in a

manageable manner.

6. Resultantly, this writ petition is ordered, and the following

directions are issued:

i) The petitioner shall remit a sum of Rs. 50,000/-

(Rupees Fifty Thousand Only) within a period of three weeks from today.

(ii) Simultaneously the petitioner shall approach the respondent Bank with a request to inform him of the details of the outstanding amount together with interest and other charges due from him 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 respondent Bank shall forthwith issue a statement in writing detailing the amounts.

(iii) On receipt of such a statement, the petitioner shall pay the amounts shown therein in eight (8) equal monthly installments commencing from 01.04.2024 and continue to pay the same on every successive month thereafter until the entire loan is wiped off.

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

(v) It is made clear that if the petitioner commits default in respect 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.

(vi) It is further made clear that no application for an extension of time will be entertained.

sd/-

RAJA VIJAYARAGHAVAN V

JUDGE DCS

APPENDIX OF WP(C) 43235/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE DEMAND NOTICE DATED 14.07.2023