Disposed

Kamalam.P.K., v. Deputy Tahsildar

Kerala HC14 Feb 2019WP(C)/3548/2019

Case brief

AI extract

What is this about?

In Writ Petition (C) No. 3548 of 2019, the High Court of Kerala disposed of the matter by directing the petitioner to repay the defaulted loan amount of Rs. 3,70,600 in eight equal monthly installments, with recovery proceedings kept in abeyance pending compliance.

What did the court decide?

Defaulted amount of Rs. 3,70,600 payable in eight equal monthly installments starting 12.04.2019; recovery proceedings kept in abeyance pending payment.

Kamalam.P.K., Vs Deputy Tahsildar — Public Procurement and Tenders | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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THURSDAY ,THE 14TH DAY OF FEBRUARY 2019 / 25TH MAGHA, 1940

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WP(C).No. 3548 of 2019

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PETITIONER/S:

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KAMALAM.P.K., AGED 42 YEARS W/O.RAJAN, RAJ NIVAS, MANJAPPRA P.O., ALTHUR, PALAKKAD.

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

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RESPONDENT/S:

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1 DEPUTY TAHSILDAR, ALATHUR TALUK OFFICE, ALATHUR, PALAKKAD- 678541.

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2 PUNJAB NATIONAL BANK, MANJAPRA BRANCH, MANJAPRA P.O., ALATHUR, PALAKKAD, REP. BY ITS MANAGER- 678685.

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GP.B VINITHA SC SANDEEP ANKARATH PNB

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 3548 of 2019 2

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JUDGMENT

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The petitioner has approached this Court seeking the following

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reliefs:

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i. Issue a writ of Certiorari or any other writ order or direction and quash Ext.P1, Demand Notice dated 11.01.2019 issued by the 1^st respondent.

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ii. Issue a writ of Mandamus or any other writ or order or direction directing the respondents to pemit the petitioner to repay the out standing amount shown as per Ext.P1, Notice in installments.

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Heard the learned counsel for the petitioner and the learned

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Government Pleader as well as the learned Standing Counsel appearing for the respondent Bank.

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It is submitted by the learned counsel for the petitioner that the petitioner has committed default in repayment of amounts only on account of financial stringency and that the revenue recovery proceedings initiated against the petitioner may be kept in abeyance, permitting the petitioner to make payment of the amounts due in installments.

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It is submitted by the learned Standing Counsel that the amount of Rs.3,70,600/- is in default in the loan in question as on today and that if the said amount is paid off in installments the loan can be regularised.

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WP(C).No. 3548 of 2019 3

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In the above view of the matter and taking into account the plea of financial hardship urged on behalf of the petitioner, this writ petition is disposed of with the following directions:-

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(i) The petitioner shall pay off the defaulted amount of

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Rs.3,70,600/- in respect of the loan transaction in question, in eight equal monthly installments. The first of such installments shall be due on 12.04.2019 and the remaining installments shall be payable on the corresponding date of the subsequent months.

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(ii) If the petitioner is remitting the aforesaid installments in time, without any default, all recovery proceedings shall be kept in abeyance, so as to enable the petitioner to pay off the entire dues in monthly installments, as above.

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(iii) In case of any default committed by the petitioner in remitting any one of the aforesaid installments, it would be open to the respondents to proceed further with the coercive steps, in accordance with law.

Sd/-

ANU SIVARAMAN

JUDGE

WP(C).No. 3548 of 2019 4

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE DEMAND NOTICE DATED 11.01.2019 ISSUED BY THE 1ST RESPONDENT.

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RESPONDENT'S EXHIBITS: NIL

Kamalam.P.K., v. Deputy Tahsildar

Case brief

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Kamalam.P.K., v. Deputy Tahsildar

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