Disposed

Fathima P v. State of Kerala

Kerala HC21 Nov 2017WP(C)/36538/2017

Case brief

AI extract

What is this about?

The Court disposed of a writ petition challenging revenue recovery proceedings initiated against the petitioner's property for bank dues. The Court allowed installments and suspended recovery proceedings pending discharge of arrears, reviving them upon default.

What did the court decide?

Bank to grant twelve monthly installments; recovery proceedings kept in abeyance; revive on second default.

Fathima P Vs State of Kerala — Kerala HC (2017) — LawSathi Research

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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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TUESDAY, THE 21ST DAY OF NOVEMBER 2017/30TH KARTHIKA, 1939

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WP(C).No. 36538 of 2017 (N) ----------------------------

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PETITIONER:

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FATHIMA P, W/O ABDULRAHIMAN, AGED 55, MELATHIL HOUSE, PAKARA, THANALUR PO, THANALUR VILLAGE, TIRUR TALUK, MALAPPURAM DISTRICT.

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BY ADVS.SMT.M.R.REENA SRIP.S.SUJETH

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RESPONDENT(S):

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1. STATE OF KERALA, REPRESENTED BY SECRETARY TO REVENUE DEPARTMENT, THIRUVANANTHAPURAM. 682305.

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2. THE DISTRICT COLLECTOR OF MALAPPURAM, UP HILL, MALAPPURAM.676505.

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3. THE DEPUTY TAHASILDAR RR, TALUK OFFICE, TIRUR.676101.

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4. THE VILLAGE OFFICER, TANALUR VILLAGE, TANALUR, MALAPPURAM DT.676307

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5. THE BRANCH MANAGER, SOUTH INDIAN BANK LTD, VAILATHUR BRANCH, VAILATHUR, PONMUNDAM PO, MALAPPURAM. 676106

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R1 TO R4 BY SENIOR GOVERNMENT PLEADER SRI SURIN GEORGE IPE R5 BY ADV. SRI.K.K.JOHN,SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-11-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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K.V.

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WP(C).No. 36538 of 2017 (N)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE PASSBOOK AND STATEMENT OF THE ACCOUNTS OF THE PETITIONER. EXHIBIT P2 A TRUE COPY OF THE DEMAND NOTICE ISSUED TO THE PETITIONER DATED 19.11.2015, EXHIBIT P3 A TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 31.12.2015 EXHIBIT P4 TRUE COPY OF THE PAYMENT RECEIPTS. EXHIBIT P5 TRUE COPY OF THE REPRESENTATION GIVEN BY THE PETITIONER TO THE 2ND RESPONDENT DATED 8.11.2017.

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RESPONDENT(S)' EXHIBITS NIL

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/TRUE COPY/

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K.V. P.S.TO JUDGE

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K. VINOD CHANDRAN, J.

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=====================

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W.P.(C)No.36538 of 2017-N

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========================== Dated this the 21^st day of November, 2017

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Judgment

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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 Bank appears

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and submits that the total outstanding dues comes to Rs.2,44,866- as on today.

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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 4^th respondent shall grant twelve monthly installments for the payment of the entire outstanding dues starting from 21.12.2017 and continued on the 21^st of the successive months. Any future interest due and 1% collection

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W.P.(C) No.36538/2017

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charge would be payable to the 4^th respondent Bank, as the 13^th instalment. The collection charge shall be paid over to the revenue recovery authorities, for which a separate demand shall be made.

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(ii) Recovery proceedings shall be kept in abeyance on condition that the remittances as per this order are made without any default.

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(iii) On the petitioner making two defaults in repaying the installments, the recovery steps initiated shall revive and continue.

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(iv) On the petitioner satisfying the entire arrears, the recovery proceedings shall be unenforceable.

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Sd/-

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K. VINOD CHANDRAN, JUDGE

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SB/21/11/2017

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// true copy //

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P.A to Judge

Fathima P v. State of Kerala

Case brief

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Fathima P v. State of Kerala

Case brief

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