Kerala High Court
Vijayakumari K.U vs The District Collector on 24 October, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
2024:KER:79500
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 24TH DAY OF OCTOBER 2024/2ND KARTHIKA, 1946
WP(C) NO. 37216 OF 2024
PETITIONERS:
1 VIJAYAKUMARI K.U
AGED 43 YEARS, W/O. MANOJ K.N.,
KALARIKKAL HOUSE, KADUTHURUTHY.,
KOTTAYAM DISTRICT, PIN - 686 604.
2 MANOJ K.N
AGED 53 YEARS, S/O K.N. NARAYANAN NAIR,
KALARIKKAL HOUSE, KADUTHURUTHY.,
KOTTAYAM DISTRICT, PIN - 686 604.
BY ADVS.
ABU MATHEW
VINU CHAND
AJU MATHEW
RAGIN ROY
ABIJITH C.
RESPONDENTS:
1 THE DISTRICT COLLECTOR
KOTTAYAM DISTRICT, OFFICE OF THE DISTRICT
COLLECTOR, COLLECTORATE, KOTTAYAM DISTRICT,
PIN - 686 002.
2 THE DEPUTY TAHSILDAR, (RR)
TALUK OFFICE VAIKOM, MINI CIVIL STATION,
WEST GATE ROAD, VAIKOM, KOTTAYAM DISTRICT,
PIN - 686 141.
3 INDIAN BANK
KADUTHURUTHY BRANCH, NICE TOWERS,
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WP(C) No.37216 of 2024
:2:
KADUTHURUTHY, KOTTAYAM, KADUTHURUTHY,
KERALA 686604, REPRESENTED BY ITS BRANCH
MANAGER, PIN - 686 604.
BY ADVS
BINOY VASUDEVAN, FOR R3
IMAM GREGORIOU KARAT, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.10.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) No.37216 of 2024
:3:
JUDGMENT
Dated this the 24th day of October, 2024
The petitioners have approached this Court aggrieved
by the coercive proceedings for recovery of financial advance
made by the Indian Bank to the petitioners, invoking the
provisions of the Kerala Revenue Recovery Act, 1968.
2. The Bank paid ₹2.5 lakhs to the 1st petitioner
as Loan in the year 2021. The 2nd petitioner is the guarantor to
the loan. The petitioners state that though the petitioners made
remittances promptly during the initial repayment period of the
financial advance, they could not pay the repayment
instalments promptly later. The repayment of loan fell into
arrears later. It happened due to reasons beyond the control of
the petitioners.
3. Though the petitioners requested the Bank to
permit the petitioners to repay the overdue amounts in easy
monthly instalments, the Bank authorities were not yielding.
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The authorities, instead, started coercive proceedings, invoking
the provisions of the Kerala Revenue Recovery Act, 1968 and
issued Exts.P1 and P1(a) notices.
4. The petitioners state that they are still in a
position to clear the overdue amounts towards the loan, if
sufficient time is given to clear the dues in easy monthly
instalments. If the respondents are permitted to continue with
the coercive proceedings and auction the secured assets
provided by the petitioners, they will be put to untold hardship
and loss.
5. Standing Counsel entered appearance on
behalf of the Bank and denied all the statements made by the
petitioners. On behalf of the 3rd respondent, it is submitted that
the loan was given to the 1st petitioner in the year 2021. The
petitioners committed default in repaying the loan.
6. The Bank repeatedly reminded the petitioners
and required them to clear the dues. The petitioners
deliberately omitted to do so. In the circumstances, the Bank
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had no other go than to proceed against the petitioners
invoking the provisions of the Kerala Revenue Recovery Act,
1968. The impugned Exts.P1 and P1(a) were issued in these
circumstances. The petitioners have not advanced any legal
reasons to thwart the coercive proceedings initiated by the
Bank.
7. The Standing Counsel, however, submitted
that if the petitioners are ready and willing to make a
substantial payment soon and remit the balance overdue
amount immediately thereafter, a short breathing time can be
granted to the petitioners to clear the dues. The Standing
Counsel submitted that the outstanding amount due to the
Bank from the petitioners is ₹1,76,010/- and the overdue
amount is ₹44,000/-
8. I have heard the counsel for the petitioners
and the Standing Counsel representing the Bank. I have also
heard the Government Pleader representing respondents 1
and 2.
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9. The specific case of the petitioners is that the
petitioners have been making the repayment and maintaining
the loan account initially. The default in repayment of the loan
occurred lately due to reasons beyond the control of the
petitioners. The petitioners have provided substantial security
which will safeguard the interest of the Bank.
10. In the facts and circumstances of the case, I
am inclined to dispose of the writ petition giving a short and
reasonable time to the petitioners to clear off the liability.
11. The writ petition is therefore disposed of with
the following directions:
(i) The petitioners shall remit the
overdue amount of ₹44,000/- in 10
consecutive and equal monthly instalments
along with accruing interest and other Bank
charges, if any. First of such instalments shall
be paid on or before 25.11.2024.
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(ii) If the petitioners commit single default
in making payments as directed above, the
respondents will be at liberty to continue with
the coercive proceedings against the
petitioners in accordance with law.
(iii) The petitioners shall also pay current
EMIs along with the aforesaid payments.
(iv) If the petitioners make payments as
directed above, coercive proceedings, if any,
against the petitioners shall stand deferred.
Sd/-
N.NAGARESH
JUDGE
AMR
2024:KER:79500
APPENDIX OF WP(C) 37216/2024
PETITIONERS' EXHIBITS
Exhibit P1 TRUE COPY OF THE NOTICES DATED 05-10-
2024 ISSUED BY THE 2ND RESPONDENT
HEREIN UNDER SECTION 7 OF THE REVENUE
RECOVERY ACT
Exhibit P1(a) TRUE COPY OF THE NOTICE DATED 05-10-
2024 ISSUED BY THE 2ND RESPONDENT
HEREIN UNDER SECTION 7 OF THE REVENUE
RECOVERY ACT
