Anoop.P.C vs The District Collector, Kozhikode ...
2024 Latest Caselaw 12217 Ker

Kerala High Court

Anoop.P.C vs The District Collector, Kozhikode ... on 14 May, 2024

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                     THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
         TUESDAY, THE 14TH DAY OF MAY 2024 / 24TH VAISAKHA, 1946
                             WP(C) NO. 17152 OF 2024
PETITIONER:

              ANOOP.P.C.,AGED 30 YEARS
              S/O BALAKRISHNAN, SREEVALSAM, KOYILANDY,
              MELUR (P.O.), KOZHIKODE, PIN - 673306

              BY ADV K.RAJESH KANNAN



RESPONDENTS:

     1        THE DISTRICT COLLECTOR, KOZHIKODE DISTRICT
              COLLECTORATE, CIVIL STATION, KOZHIKODE, PIN - 673020

     2        THE DEPUTY TAHSILDAR (REVENUE RECOVERY)/THE AUTHORIZED
              OFFICER,
              MINI CIVIL STATION, KOYILANDY, KOZHIKODE, PIN - 673305

     3        VILLAGE OFFICER
              CHENGOTTUKAVU VILLAGE OFFICE, CHENGOTTUKAVU,
              KOZHIKODE, PIN - 673304

     4        UNION BANK OF INDIA
              KOYILANDI BRANCH, KOYILANDI, KOZHIKODE
              REPRESENTED BY ITS MANAGER, PIN - 673305

              BY ADVS.
              ASP.KURUP
              SADCHITH.P.KURUP(K/1419/2002)
              C.P.ANIL RAJ(K/872/2007)
              SIVA SURESH(K/2688/2022)
              ATHIRA VIJAYAN(K/199/2024)
              B.SREEDEVI(K/169/2024)



OTHER PRESENT:

              GP SURYA BINOY



     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
14.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.17152 of 2024                         2




                                  VIJU ABRAHAM, J.
                  .................................................................
                             W.P (C) No.17152 of 2024
                  .................................................................
                      Dated this the 14th day of May, 2024


                                        JUDGMENT

The petitioner has approached this Court seeking a direction to the

2nd respondent to allow the petitioner to repay the amount demanded in

Ext.P1 demand notice in 20 equal monthly instalments.

2. The learned standing counsel for the bank would submit that the

total overdue amount is Rs.80,000/- and the petitioner could be permitted

to pay the amount in instalments and the loan could be regularised.

After hearing both sides, I am inclined to dispose of the writ petition

directing to regularise the loan on the following conditions:

i) The overdue amount along with the accrued

interest and other charges shall be paid by the petitioner

in 20 equated monthly installments, commencing from

01.06.2024 onwards and shall continue to pay the

regular instalments as per the original loan schedule.

ii) In the event of any single default in payment as

directed above, the respondent bank shall be free to

continue the recovery proceedings from the stage at

which they presently stand.

iii) It is made clear that if the petitioner complies with

the aforesaid directions, further proceedings for recovery

shall be kept in abeyance.

With the above said directions, this writ petition is disposed of.

Sd/-

VIJU ABRAHAM JUDGE

cks

APPENDIX OF WP(C) 17152/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE DEMAND NOTICE DATED 21.2.2024 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER