Dismissed

Shaji Varghese v. Authorized Officer

Kerala HC23 Oct 2013WP(C)/25184/2013

Case brief

AI extract

What is this about?

Petitioner challenged coercive bank proceedings expecting compensation from land acquisition. Court permitted a repayment plan of sums in 2013 and four instalments from 2014, stayed coercive steps, and directed government to disburse compensation.

What did the court decide?

Petitioner permitted to pay Rs.1,00,000 on 30.11.2013 and Rs.1,00,000 by 31.12.2013; balance in four equal monthly instalments from March 2014. Coercive proceedings stayed.

Shaji Varghese Vs Authorized Officer — Contract and Commercial Disputes | Kerala HC (2013)

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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 V.CHITAMBARESH

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WEDNESDAY, THE 23RD DAY OF OCTOBER 2013/1ST KARTHIKA, 1935

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WP(C).No. 25184 of 2013 (W)

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PETITIONER(S):

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SHAJI VARGHESE, PUTHEN PURAKKAL HOUSE, AYIRANALLOOR VILLAGE AYIRANALLOOR MURI, PATHANAPURAM TALUK, KOLLAM DISTIRCT KERALA STATE (REPRESENTED BY HIS POWER OF ATTORNEY HOLDER SMT. SHERLY VARGHESE RESIDING IN THE SAME ADDRESS)

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BY ADVS.SRI.JOHNSON GOMEZ SRI.S.BIJU (KIZHAKKANELA)

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RESPONDENT(S):

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1. AUTHORIZED OFFICER, FEDERAL BANK LIMITED, ZONAL OFFICE, FEDERAL TOWERS M.G ROAD, STATUE, THIRUVANANTHAPURAM 695001

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2. THE BRANCH MANAGER, FEDERAL BANK LIMITED, EDAMON BRANCH, KOLLAM 691307

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3. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT DEPARTMENT OF REVENUE, STATE SECRETARIAT THIRUVANANTHAPURAM 695001

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4. THE DISTRICT COLLECTOR, KOLLAM - 691013

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R2 BY ADV. RAJI.T. BHASKAR R3 & R4 BY GOVERNMENT PLEADER SMT. ANITHA RAVEENDRAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-10-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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DCS

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WP(C).No. 25184 of 2013 (W)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 COPY OF THE NOTICE UNDER SECTION 13(2) OF THE SECURITIZATION ACT NO RVMR/ SAMC/2013 DATED 15-03-2013 ISSUED BY THE RESPONDNET TO THE PETITIONER

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EXHIBIT P2 COPY OF THE REPLY DATED NIL SUBMITTED BY THE POWER OF ATTORNEY OF THE PETITIONER ON BEHALF OF THE PETITIONER TO EXHIBIT P1 NOTICE

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EXHIBIT P3 COPY OF THE JUDGMENT DATED 31-05-2013 IN WPC NO 13960 OF 2013 PASSED BY THIS HON'BLE COURT

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EXHIBIT P4 COPY OF THE LETER N EMN/OTS/12636900004638 DATED 14-09-2013 ISSUED BY THE SECOND RESPONDNET

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EXHIBIT P5 COPY OF THE JUDGMENT DATED IST MARCH 2013 IN LAA NO 335 OF 2011 PASSED BY THIS HON'BLE COURT

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EXHIBIT P6 COPY OF THE REPRESENTATION DATED 26-09-2013 SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT

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EXHIBIT P7 COPY OF THE REPRESENTATION DATED 26-09-2013 SUBMITTED BY THE PETITIONER BEFORE THE FOURTH RESPONDNET

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EXHIBIT P8 COPY OF THE LETTER DATED 27-09-2013 SUBMITTED BY THE PETITIONER THROUGH THE POWER OF ATTORNEY HOLDER

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EXHIBIT P9 COPY OF THE LETTER DATED 01-10-2013 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER

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RESPONDENT(S)' EXHIBITS:- NIL

/TRUE COPY/

P.A. TO JUDGE

DCS

V. CHITAMBARESH, J

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W.P.(C). NO. 25184 OF 2013

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Dated this the 23^rd day of October, 2013

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JUDGMENT

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The petitioner seeks easy instalments to repay the amount due to the second respondent on the ground that he expects substantial payment pursuant to Ext. P5 judgment. Ext. P5 judgment has been rendered in LAA No. 335/2011 enhancing the compensation due to the petitioner owing to land acquisition. The Government Pleader however points out that it may take at least a period of three months for the enhanced amount to be disbursed to the petitioner.

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I permit the petitioner to pay a sum of Rs.1,00,000/- on or before 30.11.2013 and another sum of Rs.1,00,000/- on or before 31.12.2013. The balance amount shall be paid in four equal monthly instalments starting from March 2014.

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Every endevour shall also be made by respondents three and four to disburse the enhanced compensation due to the petitioner pursuant to Ext. P5 judgment. This is to facilitate the compensation amount being applied to discharge the loan arrears at the earliest as desired by him.

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W.P.(C). NO. 25184 OF 2013 2

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Needless to say that the coercive proceedings

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against the petitioner shall be put on hold if the petitioner complies with the conditions in time. The coercive steps shall surge ahead if the petitioner commits default in the payment of anyone of the instalments as directed above.

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The writ petition is disposed of.

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SD/-

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V. CHITAMBARESH JUDGE

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DCS

Shaji Varghese v. Authorized Officer

Case brief

What is this about?

What did the court decide?

Shaji Varghese v. Authorized Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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