Partly allowed

Kathiyakutty v. District Collector

Kerala HC17 Nov 2017WP(C)/36156/2017

Case brief

AI extract

What is this about?

The High Court allowed a writ petition against revenue recovery proceedings initiated against the petitioner's property. Considering the admitted default and impecunious circumstances, the court ordered payment of dues through monthly installments, kept recovery proceedings in abeyance pending payments, and revived them upon default.

What did the court decide?

Pay outstanding dues via 12 monthly installments starting 18.12.2017. Keep recovery proceedings in abeyance upon timely payment. If two defaults occur, revival of recovery steps. On full payment, reco

Kathiyakutty Vs District Collector — Property and Title | Kerala HC (2017)

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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 K.VINOD CHANDRAN

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FRIDAY, THE 17TH DAY OF NOVEMBER 2017/26TH KARTHIKA, 1939

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WP(C).No. 36156 of 2017 (T)

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PETITIONER:

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KATHIYAKUTTY, AGED 78 YEARS, W/O. YOOSEF, PACHATH HOUSE, IRULAM VILLAGE, CHEEYAMBAM, SULTHANBATHERY, WAYANAD - 673 579.

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BY ADVS.SRI.R.DIVAKARAN

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SRI.BINOI GEORGE (CHERUKARA)

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RESPONDENT(S):

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1. DISTRICT COLLECTOR, WAYANAD DISTRICT, CIVIL STATION, KALPETTA, WAYANAD - 673 121.

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2. THE DEPUTY TAHSILDAR, REVENUE RECOVERY, OFFICE OF THE TAHSILDAR, AMBALAWAYIL, WAYANAD - 673 593.

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3. THE VILLAGE OFFICER, IRULUM VILLAGE OFFICE, IRULAM, WAYANAD - 673 579.

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4. THE MANAGER, CANARA BANK, PULPALLY BRANCH, KUNNATH TOWER, MAIN ROAD, PULPALLY, WAYANAD - 673 579. R1 TO BY GOVERNMENT PLEADER SRI B.VINOD R4 BY SRI.V.B.HARI NARAYANAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-11-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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K.V.

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WP(C).No. 36156 of 2017 (T)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 THE TRUE COPY OF THE RELEVANT PAGES OF THE BANK PASSBOOK OF THE PETITIONER. EXHIBIT P2 THE AADHAAR CARD OF THE PETITIONER. EXHIBIT P3 THE TRUE COPY OF THE DEMAND NOTICE UNDER SECTION 34 OF THE REVENUE RECOVERY ACT. EXHIBIT P4 THE TRUE COPY OF THE DEMAND NOTICE UNDER SECTION 7 OF THE REVENUE RECOVERY ACT. EXHIBIT P5 THE TRUE COPY OF THE REPRESENTATION DATED 28.10.2017 BEFORE THE DEBTS RELIEF COMMISSION. EXHIBIT P6 THE TRUE COPY OF THE REPRESENTATION DATED 28.10.2017 BEFORE THE 1ST RESPONDENT. RESPONDENT(S)' EXHIBITS NIL

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/TRUE COPY/ K.V. P.S.TO JUDGE

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K. VINOD CHANDRAN, J

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- - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P(C) No. 36156 of 2017 T

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

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Dated this the 17^th day of November, 2017

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J U D G M E N T

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The petitioner is aggrieved with the revenue recovery proceedings initiated against the petitioner's property.

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The learned Counsel for the respondent

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appears and submits that the total outstanding dues is Rs.74,906/-.

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The liability and the default are admitted. Considering the facts of the case and the alleged impecunious circumstances of the petitioner, this writ petition is disposed of on the following terms:

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(i) The respondent shall grant twelve monthly installments for the payment of the entire outstanding dues starting from 18.12.2017 and continued on the 18^th of the successive months. Any future interest due and 1% collection charge would be payable to the respondent Bank, as the 13^th installment. The collection charge paid shall be made over to

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WPC.Nos. 36156/2017

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: 2 :

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the revenue recovery authorities.

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(ii) Recovery proceedings shall be kept in

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abeyance on condition that the remittances as per this order

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are made without any default.

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(iii) On the petitioner making two defaults in

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repaying the installments, the recovery steps initiated shall

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revive and continue.

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(iv) On the petitioner satisfying the entire arrears,

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the recovery proceedings shall be unenforceable.

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Writ petition is disposed of. No costs.

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jma

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Sd/- (K. VINOD CHANDRAN, JUDGE) //true copy//

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P.A to Judge

Kathiyakutty v. District Collector

Case brief

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What did the court decide?

Kathiyakutty v. District Collector

Case brief

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