Disposed

Saleem M.H. v. Tahasildar (R.R)

Kerala HC9 Jun 2015WP(C)/13836/2015

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ petition challenging revenue recovery proceedings initiated by a bank. The court directed the petitioner to discharge the entire liability in six equal monthly installments and stayed all recovery proceedings pending compliance.

What did the court decide?

Directs discharge of entire due amount in six equal monthly installments starting 29.06.2015; recovery proceedings kept in abeyance.

Saleem M.H. Vs Tahasildar (R.R) — Banking and Recovery | Kerala HC (2015)

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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 A.MUHAMED MUSTAQUE

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TUESDAY, THE 9TH DAY OF JUNE 2015/19TH JYAISHTA, 1937

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WP(C).No. 13836 of 2015 (D)

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PETITIONER(S):

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-------------

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SALEEM M.H., AGED 51 YEARS, S/O.B MUHAMMED HANEEFA, 20/315, FATHIMA MANZIL, VADAKKUMURI, KALMANDAPAM, PALAKKAD - 678 001.

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BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL).

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RESPONDENT(S) :

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---------------

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1. TAHASILDAR (R.R), OFFICE OF THE TAHSILDAR(RR), PALAKKAD-678 001.

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2. CANARA BANK,

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BIG BAZAR BRANCH, PALAKKAD, REP BY ITS MANAGER PIN-678 001.

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BY GOVERNMENT PLEADER SMT.M.T.SHEEBA & BY ADV. SRI.V.B.HARI NARAYANAN.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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rvs.

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WP(C).No. 13836 of 2015 (D)

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APPENDIX

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PETITIONER(S)' EXHIBITS :

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EXT. P1:- TRUE COPY OF THE PLAINT IN OS NO 240/2012 ON THE FILE OF THE SUB COURT, PALAKKAD.

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EXT. P2:- TRUE COPY OF THE WRITTEN STATEMENT IN OS NO 240/2012 ON THE FILE OF THE SUB COURT, PALAKKAD FILED BY THE PETITIONER AND ANOTHER.

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EXT. P3:- TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 1ST RESPONDENT DTD 27/6/2014.

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RESPONDENT(S)' EXHIBITS :

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NIL.

/TRUE COPY/

P.A.TO JUDGE

RVS.

A.MUHAMED MUSTAQUE, J.

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W.P.(C) No.13836 of 2015

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Dated this the 9^th day of June, 2015

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J U D G M E N T

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The petitioner has filed this writ petition challenging revenue recovery proceedings pursuant to Ext.P3 initiated at the behest of the Bank. The only prayer of the petitioner before this Court is to give him an opportunity to pay off the entire liability in equal monthly installments.

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The learned counsel for the petitioner submits that, though by interim order dated 08.05.2015 the petitioner was directed to remit 50,000/- within a period of three weeks from the date of₹ order, due to some unforeseen circumstances, he could not pay the amount.

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Considering the facts and circumstances, the petitioner shall discharge the entire amount due to the Bank in six equal monthly installments starting from 29.06.2015. In order to facilitate the petitioner to comply with the above direction, all recovery proceedings shall be kept in abeyance. If the petitioner fails to satisfy any of the installments, the Bank is at liberty to proceed against the petitioner based on the recovery proceedings already initiated.

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This writ petition is disposed of as above.

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Sd/- A.MUHAMED MUSTAQUE, JUDGE.

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Saleem M.H. v. Tahasildar (R.R)

Case brief

What is this about?

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Saleem M.H. v. Tahasildar (R.R)

Case brief

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