Rajan P vs District Collector
2024 Latest Caselaw 15903 Ker

Kerala High Court

Rajan P vs District Collector on 6 June, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
                       WP(C) NO. 19081 OF 2024
PETITIONER:

          RAJAN P
          AGED 53 YEARS
          S/O PALRAJ, PLAVILA HOUSE, ELAPPARA P.O.,
          IDUKKI, PIN - 685501
          BY ADV M.R.SASITH


RESPONDENTS:

    1     DISTRICT COLLECTOR
          COLLECTORATE, IDUKKI, KUYILIMALA, PAINAV P.O., IDUKKI,
          KERALA STATE, PIN - 685603
    2     DEPUTY TAHSILDAR (RR)
          PEERUMEDE TALUK, PEERUMEDE TALUK OFFICE, PEERMADE
          ROAD, PEERMADE, AZHUTHA, IDUKKI, PIN - 685531
    3     THE AUTHORIZED OFFICER
          THE KERALA STATE CO-OPERATIVE BANK(KERALA BANK),
          EALAPPARA, VADAKAYIL BUILDING, LIITTLE FLOWER HOMEOS,
          ELAPPARA P.O., IDUKKI, PIN - 685501
          BY ADV K.S.ARUN KUMAR
          SMT.MABLE C.KURIAN - SR GP



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 19081 OF 2024           2

                            JUDGMENT

When this matter was called today Sri.K.S.Arunkumar -

learned Standing Counsel for the 3rd respondent - Bank submitted

that the petitioner can be given two options to settle the loan

account, namely by paying an amount of Rs.1,08,442/- under the One

Time Settlement Scheme, called the 'Navakeraleeyam 2024",

provided he remits it on or before 30.06.2024; or, in the alternative,

that he can be allowed to pay off the total outstanding in the loan

account - which is an amount of Rs.1,75,129/-, as on 06.06.2024 - in

18 equal monthly instalments, commencing from 15.07.2024.

3. Sri.M.R.Sasith - learned counsel for the petitioner, fully

agreed to the afore and prayed that this writ petition be thus

ordered.

Consequently, I allow this writ petition leaving liberty to the

petitioner to settle the loan account in either of the afore manner as

suggested by Sri.K.S.Arunkumar; in which event, the loan liability

will stand closed and the title documents will be released to him.

If, on the contrary, the petitioner does not invoke the liberty of

settling the account under the One Time Settlement Scheme or

defaults two instalments as ordered above, then the benefit of this

judgment will lost to him and the Bank will be at full liberty of

initiating further action for recovery against him as per law following

due procedure.

It goes without saying that if the petitioner invokes either the

afore liberties, all further coercive action against him will stand

deferred, until he pays as per it.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/11.6

APPENDIX OF WP(C) 19081/2024

PETITIONER EXHIBITS Exhibit-P1 THE MEDICAL CERTIFICATE OF THE BORROWER DATED 28.10.2020 Exhibit-P2 THE TRUE COPY OF DEMAND NOTICE ISSUED BY THE 2ND RESPONDENT DATED 29.09.2023 BEARING RRC NO.2023/7568/06 Exhibit-P3 THE TRUE COPY OF ATTACHMENT NOTICE BEFORE SALE UNDER SECTION 34 OF REVENUE RECOVERY ACT ISSUED BY THE 3RD RESPONDENT DATED 09.10.2023 BEARING RRC NO.2023/7568/06 Exhibit-P4 THE TRUE COPY OF THE REQUEST LETTER DATED 13.03.2024 Exhibit-P5 THE DEATH CERTIFICATE DATED 23.01.2021 OF THE MOTHER OF THE PETITIONER