Ibrahim V P vs The District Collector Malappuram
2024 Latest Caselaw 8850 Ker

Kerala High Court

Ibrahim V P vs The District Collector Malappuram on 27 March, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
                       WP(C) NO. 12767 OF 2024
PETITIONER:

          IBRAHIM V P., AGED 60 YEARS
          S/O. ABDULLA V P, VALLIKKAPARAMBIL HOUSE, KARAYA,
          PANDIKKAD, MALAPPURAM DISTRICT., PIN - 676521

          BY ADVS.
          P.SAMSUDIN
          K.C.ANTONY MATHEW
          JITHIN LUKOSE
          LIRA A.B.
          NASRIN WAHAB
          DEVIKA E.D.



RESPONDENTS:

    1     THE DISTRICT COLLECTOR MALAPPURAM
          CIVIL STATION, UP HILL, MALAPPURAM DISTRICT - 676505

    2     THE DEPUTY TAHSILDAR (RR, KERALA FINANCIAL ENTERPRISES,
          KUNNATH BUILDING, SECOND FLOOR, KANDATH SUDEVAN ROAD,
          SULTHANPETTA, PALAKKAD, PIN - 678001

    3     THE KERALA STATE FINANCIAL ENTERPRISES LTD.
          NILAMBUR BRANCH REPRESENTED BY ITS MANAGER, NILAMBUR
          P.O, MALAPPURAM DISTRICT., PIN - 679329

          SRI.P.C.ANIL KUMAR - SC.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 12767 OF 2024
                                  2


                               JUDGMENT

When this matter was called today, Sri.Anil Kumar - learned

Standing Counsel for the respondent - Kerala State Financial

Enterprises (KSFE), submitted that if the petitioner is interested,

he can be allowed to pay off the total amount in his loan account,

as of today (27.03.2024), along with all applicable charges and

interest, provided he pays the same in not more than 12 equal

monthly installments. He, however, added that there is a

suspicion that the petitioner has used certain documents which

are forged and therefore sought liberty to initiate necessary

action for such purpose, if it becomes so warranted.

2. The learned counsel for the petitioner, accepted the

afore suggestion.

3. Taking note of the afore submissions, I allow this writ

petition, permitting the petitioner to pay off the aforementioned

amount, along with all applicable charges and interest, in 12

equal monthly installments commencing from 27.04.2024.

4. Needless to say, if the petitioner commits default on

payment of two installments as ordered above, further action

pursuant thereto can be taken forward, without having to obtain

further orders from this Court.

WP(C) NO. 12767 OF 2024

That said, the liberty of the respondent - KSFE to initiate

necessary action against the petitioner, if so found warranted in

future, are left open qua any suspicion of forged document and

such other.

Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 12767 OF 2024

APPENDIX OF WP(C) 12767/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE DEMAND NOTICE PURPORTEDLY U/S 36 OF THE REVENUE RECOVERY ACT DATED 28- 10-2023