This writ petition challenged recovery action initiated under the Kerala Revenue Recovery Act following a loan default. The court granted liberty to the petitioner to approach the bank for instalment arrangements.
Liberty to file a representation before the second respondent Bank within two weeks for consideration of instalments or other reliefs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 17TH DAY OF JANUARY 2018 / 27TH POUSHA, 1939
WP(C).No. 581 of 2018
PETITIONER(S):
PANKAJAKSHAN K.S AGED 49 YEARS, S/O.SREEDHARAN NAIR, KOLAVELI HOUSE, PATTIMATTOM.P.O., ERNAKULAM DISTRICT.
BY ADV.SRI.VINUCHAND
RESPONDENT(S):
1. STATE OF KERALA
REPRESENTED BY DISTRICT COLLECTOR,
ERNAKULAM DISTRICT.682 030.
2. THE BRANCH MANAGER UNION BANK OF INDIA, KADAYIRIPPU BRANCH, KADAYIRIPPU, ERNAKULAM DISTRICT.682 311.
3. DEPUTY TAHSILDAR (R.R.) KUNNATHUNADU TALUK, PERUMBAVOOR, ERNAKULAM DISTRICT.683 542.
4. THE VILLAGE OFFICER PATTIMATTOM VILLAGE, PATTIMATTAM, ERNAKULAM DISTRICT.683 562.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-01-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 581 of 2018 (W)
APPENDIX
PETITIONER(S)' EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE REVENUE RECOVERY NOTICE DATED 31.10.2017 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P2 A TRUE COPY OF THE REPRESENTATION DATED 5.11.2017. RESPONDENTS EXHIBITS: NIL --------------------
//TRUE COPY//
P.A. TO JUDGE
dlk
SHAJI P. CHALY, J.
W.P.(C) No.581 of 2018
Dated this the 17th day of January, 2018
JUDGMENT
Petitioner has taken a business loan from the second respondent. Admittedly, repayment was defaulted, consequent to which at the instance of the second respondent recovery action is initiated under Sections 7 and 34 of the Kerala Revenue Recovery Act, evident from Ext.P1 series. Today when the matter is taken up, learned counsel for the petitioner submitted that, petitioner would be satisfied if a direction is issued to the second respondent Bank to receive a representation from the petitioner and consider the request of the petitioner for providing instalments or such other reliefs. It is also stated that, petitioner requires a balance statement,
W.P.(C) No.581 of 2018
2
from the date of receipt of the representation, and take decision, if required, securing necessary participation of the petitioner.
Writ petition is disposed of accordingly.
Sd/-
SHAJI P. CHALY, JUDGE
dlk/17/1/
1 issue framed by the court
Whether the petitioner is entitled to liberty to seek instalment arrangements or other reliefs regarding a defaulted bank loan recovered under the Kerala Revenue Recovery Act.
1 provisions across 1 enactments
Pankajakshan K.S.
State of Kerala
Union Bank of India, Kadayrippu Branch
Deputy Tahsildar (R.R.), Kunnathundu
Village Officer Pattimattom
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
