Kerala High Court
Rajeev P vs The District Collector on 23 May, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
WP(C) NO. 18504 OF 2024
PETITIONER:
RAJEEV P., AGED 61 YEARS, S/O K.PURUSHOTHAMAN,
AMBADY PURUSHOTHAMA VILASAM, ACHANKAVALA,
MADAKKATHANAM P.O., VAZHAKULAM, ERNAKULAM
DISTRICT, PIN - 686670
BY ADVS.
MANOJ RAMASWAMY
JOLIMA GEORGE
C.B.SABEELA
APARNA G.
AIVIN ALEX PHILIP
SHYLAKUMARI C.C.
RESPONDENTS:
1 THE DISTRICT COLLECTOR, O/O DISTRICT COLLECTOR,
COLLECTORATE, KAKKANAD, ERNAKULAM DISTRICT,
PIN - 682030
2 THE THAHSILDAR, MUVATTUPUZHA TALUK, MINI CIVIL
STATION, MUVATTUPUZHA, ERNAKULAM, PIN - 686673
3 THE VILLAGE OFFICER, MANJALLOOR VILLAGE,
KADALIKAD, THODUPUZHA, ERNAKULAM, PIN - 686670
4 THE BRANCH MANAGER, CANARA BANK, (FORMERLY
SYNDICATE BANK), THODUPUZHA II BRANCH,PRAKASH
BUILDING, P.W.D. REST HOUSE, THODUPUZHA, IDUKKI,
PIN - 685584
BY ADVS.
GOPIKRISHNAN NAMBIAR M
K.JOHN MATHAI(K/413/1984)
JOSON MANAVALAN(J-526)
KURYAN THOMAS(K/131/2003)
PAULOSE C. ABRAHAM(MAH/58/2006)
RAJA KANNAN(K/356/2008)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 18504/24
2
JUDGMENT
When this matter was called today, Sri.Gopikrishnan Nambiar
- learned Standing Counsel for the respondent-Bank, submitted
that, even though the petitioner has not complied with Ext.P1
judgment, adverting to the fact that he is suffering from certain
medical conditions and that he is now seeking to pay off the entire
loan liability, his client is willing to heed to his request, provided
he pays off the entire balance in the loan account in not more than
15 equal monthly installments. He added that the total outstanding
in the loan account, as on 10.05.2024 is Rs.15,05,517/-; and that
the same will have to be paid by the petitioner along with all
applicable charges and interest.
2. The learned counsel for the petitioner - Sri.Manoj
Ramaswamy accepted the afore suggestion, however, praying that
the number of installments be enhanced to at least 20.
3. I, therefore, put it to the learned Standing Counsel
whether any enhancement of number of installments can be offered,
to which he submitted that since the loan is of the year 2012, the
maximum indulgence that can be shown would be one or two and
not more.
Taking note of the afore submissions, I allow this Writ
Petition, permitting the petitioner the pay off the aforementioned
amount along with all applicable charges and interest, in 18 equal
monthly installments commencing from 25.06.2024.
Needless to say, if the amounts as afore are paid by the
petitioner, the account will stand closed and the Bank will return
to him all security documents as are necessary; but, if on the
contrary, any two installments are defaulted, the benefit of this
judgment will be lost to him and the Bank will be at full liberty to
pursue further action pursuant to Ext.P4 without having to obtain
further orders from this Court.
It is also needless to say, therefore, that as long as the
amounts as afore are paid, all further action pursuant to Ext.P4
will stand deferred.
I clarify that I have enhanced the number of installments in
favour of the petitioner adverting to his medical condition which is
evident from Ext.P3 and since he appears to be in substantial
amount of distress.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
APPENDIX OF WP(C) 18504/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE JUDGMENT DATED
17.10.2022 IN WP(C) NO. 27785 OF 2022
Exhibit P2 TRUE COPY OF THE DISCHARGE SUMMARY DATED
07.07.2023 ISSUED FROM ASTER MEDICITY
Exhibit P3 TRUE COPY OF THE CERTIFICATE VIDE NO.GM
21/05/1348 DATED 18.05.2021 ISSUED BY THE
ASTER MEDICITY
Exhibit P4 TRUE COPY OF THE DEMAND NOTICE VIDE
NO.RRC.2024/4213/06 DATED 10.05.2024
ISSUED TO THE PETITIONER BY THE 2ND
RESPONDENT
Exhibit P5 TRUE COPY OF THE APPLICATION DATED
14.05.2024 SUBMITTED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT
