Disposed

Karthiyani Narayanan v. District Collector

Kerala HC20 Nov 2007WP(C)/4495/2004

Case brief

AI extract

What is this about?

Bench granted six months time to petitioners to apply for Outer Turn Solution (OTS) benefit before respondent bank or approach the Agricultural Debt Relief Forum. Writ petition closed pending settlement of liability; respondents free to proceed with recovery if unresolved.

What did the court decide?

Writ petition closed; six months granted to petitioners to settle liability via OTS application or Agricultural Debt Relief Forum.

Karthiyani Narayanan Vs District Collector — Banking and Recovery | Kerala HC (2007)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR

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TUESDAY, THE 20TH NOVEMBER 2007 / 29TH KARTHIKA 1929

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WP(C).No. 4495 of 2004(I)

PETITIONER:

KARTHIAYANI NARAYANAN, AGED 75, W/O.NARAYANAN, MADATHIPARAMBIL HOUSE, NORTH ADUVASSERY, N.PARUR.

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SURESH, S/O. NARAYANAN, MADATHIPARAMBIL HOUSE, NORTH ADUVASSERY, N.PARUR.

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BY ADV. SRI.V.A.PRADEEP KUMAR

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RESPONDENTS:

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DISTRICT COLLECTOR, ERNAKULAM.

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TAHSILDAR, TALUK OFFICE, N.PARUR.

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VILLAGE OFFICER, KUNNUKARA.

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BRANCH MANAGER, UNION BANK OF INDIA, ATHANI BRANCH, ERNAKULAM DISTRICT.

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BY SMT.SMITHA, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/11/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) No. 4495/2004

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APPENDIX

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PETITIONER'S EXHIBITS

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P1 : COPY OF THE NOTICE OF SALE OF IMMOVABLE PROPERTY ISSUED BY 2ND RESPONDENT BEARING NO.C4/47/00-01/BD.

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P2 : COPY OF NOTICE ISSUED BY 2ND RESPONDENT DATED 20/01/2004.

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P3 : COPY OF PETITION FIELD BY 2ND PETITIONER BEFORE 2ND RESPONDENT.

// TRUE COPY //

PA TO JUDGE.

C.N.RAMACHANDRAN NAIR, J.

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WP(C) No. 4495 of 2004

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Dated, this the 20^th day of November, 2007

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J U D G M E N T

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Petitioners are challenging recovery proceedings for recovery of agricultural loan and interest thereon taken by them from the 4^th respondent. The liability is admitted and all what the petitioners have stated are about their personal difficulties in repaying the loan. This writ petition itself is filed in 2004 and this Court granted a conditional stay at that time. It is not known whether liability is settled later. In any case, I grant six month's time to the petitioners to make application for OTS benefit before the 4^th respondent Bank, or to approach the Agricultural Debt Relief Forum, constituted by the Government for granting incentives to the farmers, who are in debt, and to settle liability. This writ petition is, accordingly, closed leaving freedom to the petitioners to settle their liability. If liability is not settled by the petitioners in six months, respondents are free to proceed with recovery.

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(C.N.RAMACHANDRAN NAIR, JUDGE)

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Karthiyani Narayanan v. District Collector

Case brief

What is this about?

What did the court decide?

Karthiyani Narayanan v. District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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