Dismissed

Joseph Xavier Anthraper v. the District Collector

Kerala HC15 Feb 2016WA/2406/2015

Case brief

AI extract

What is this about?

The High Court of Kerala, as a Single Judge, had permitted the appellant to repay a chitty loan in installments. The current appeal sought to interfere with the recovery proceedings. The bench held there was no ground for interference and only extended the initial deposit deadline for the installments.

What did the court decide?

Extension of time allowed for depositing the first installment of the loan repayment.

Joseph Xavier Anthraper Vs the District… — Contract and Commercial Disputes | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

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MONDAY, THE 15TH DAY OF FEBRUARY 2016/26TH MAGHA, 1937

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WA. No.2406 of 2015 () IN WP(C). No.18741/2015

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AGAINST THE ORDER/JUDGMENT IN WP(C) No.18741/2015 of HIGH COURT OF KERALA DATED 06-10-2015

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APPELLANT(S)/PETITIONER:

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JOSEPH XAVIER ANTHRAPER, ANTHREPPER AVENUE, 69/14, MUTTAMKARA, THYKATTUKARA P.O, ALUVA 683 106.

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BY ADV. SRI.J.OM PRAKASH

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RESPONDENT(S):

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1. THE DISTRICT COLLECTOR, COLLECTORATE P.O, ALAPPUZHA-688001.

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2. THE VILLAGE OFFICER, CHERTHALA NORTH VILLAGE, CHERTHALA P.O.-688504

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3. THE KERALA STATE FINANCIAL ENTERPRISES LIMITED, REPRESENTED BY ITS MANAGING DIRECTOR, BHADHRATHA, THRISSUR P.O-680001.

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4. THE SPECIAL DEPUTY TAHSILDAR (RR), KSFE LTD, CONVENT SQUARE, ALAPPUZHA P.O.-688001

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5. R.BAIJU

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S/O.REMANAN, KAKKAPPARAMBIL, VELIYIL CHERTHALA P.O.-688524.

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R3 BY ADV. SRI.ALEXANDER.C.V., SC, KSFE R1 & R2 BY SENIOR GOVERNMENT PLEADER SRI.P.I.DAVIS

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 15-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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KRJ

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ASHOK BHUSHAN, C.J & A.M.SHAFFIQUE, J

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= = = = = = = = = = = = = = = = = W.A No.2406 of 2015

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= = = = = = = = = = = = = = = = = = Dated this the 15^th day of February, 2016

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JUDGMENT

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Ashok Bhushan, CJ

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Heard.

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This writ appeal has been filed against the judgment dated

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6.10.2015 passed in W.P(C) No.18741 of 2015 filed by the petitioner,

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against revenue recovery proceedings consequent to failure in repayment of chitty loan from Kerala State Financial Enterprises, was proceeded with under the Revenue Recovery Act. Petitioner challenged the proceedings and contended that 5^th respondent had already mortgaged his property to the Corporation and the Corporation is not proceeding against the 5^th respondent and has proceeded against the petitioner.

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The learned Single Judge rejected the submission by holding that it is open for the Corporation to proceed, either against the

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-:2:-

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WA.2406/15

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principal defaulter or against the guarantor. The learned Single Judge, however, permitted the petitioner/appellant to deposit the amount along with accrued interest in 12 equal monthly installments commencing from 1.11.2015. Aggrieved by the said order, the appellant has come up before this Court.

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Learned counsel for the appellant submits that the Corporation ought to have proceeded against the mortgaged property first and thereafter if amount is not realised, could have proceeded against the principal debtor. Learned counsel for the Corporation submits that in fact the Corporation has proceeded against both.

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We do not not find any ground on which, the revenue recovery proceedings could have been interfered with by this Court in exercise of writ jurisdiction. The learned Single Judge in exercise of his discretion has already granted indulgence to the petitioner, by permitting payment of the amount in 12 equal monthly installments with effect from 1.11.2015. We do not find any ground to interfere

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-:3:-

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WA.2406/15

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with the judgment of the learned Single Judge. We only, however,

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extend the period of depositing the installments. Petitioner may deposit the first installment by 1.3.2016 and thereafter in accordance with the installment as allowed by the learned Single Judge.

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Subject to the above, this writ appeal is dismissed.

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Sd/- ASHOK BHUSHAN CHIEF JUSTICE

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Sd/- A.M.SHAFFIQUE JUDGE

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krj.15/2/16

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//true copy// P.A to Judge

Joseph Xavier Anthraper v. the District Collector

Case brief

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Joseph Xavier Anthraper v. the District Collector

Case brief

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