Allowed

Suresh Kumar, v. District Collector

Kerala HC11 Mar 2019WP(C)/3723/2019

Case brief

AI extract

What is this about?

This writ petition challenged notices issued under the Kerala Revenue Recovery Act at the instance of the Kerala Gramin Bank. The High Court allowed the petitioner to clear the outstanding debt in twelve equated monthly instalments, permitting a 1% collection charge on direct payments. Default would allow the bank to recover the sum in lump. The petition was disposed of accordingly.

What did the court decide?

Petitioner permitted to pay outstanding amount in twelve equated monthly instalments starting 27.03.2019; collection charges confined to 1% of total amount deposited; bank at liberty to proceed in cas

Suresh Kumar, Vs District Collector — Banking and Recovery | 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 MR. JUSTICE SHAJI P.CHALY

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MONDAY, THE 11TH DAY OF MARCH 2019 / 20TH PHALGUNA, 1940

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WP(C).No. 3723 of 2019

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PETITIONER/S:

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SURESH KUMAR, AGED 45 YEARS, S/O.GOPALAPILLAI, AMBARETH HOUSE, ERAMALLIKKARA P.O., KALLISSERY, ALAPPUZHA DISTRICT-689109.

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BY ADV. SRI.K.S.PRAVEEN

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RESPONDENT/S:

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1 DISTRICT COLLECTOR, CIVIL STATION, ALAPPUZHA, ALAPPUZHA DISTRICT-688001.

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2 THE DEPUTY THAHASILDAR, CHENGANNOOR TALUK, CHENGANNOOR P.O., ALAPPUZHA DISTRICT-689121.

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3 THE VILLAGE OFFICER, THIRUVANVANDOOR VILLAGE, ALAPPUZHA DISTRICT-689124.

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4 KERALA GRAMIN BANK, REPRESENTED BY ITS BRANCH MANAGER, BRANCH OFFICE, THIRUVANVANDOOR, KALLISSERY P.O., ALAPPUZHA DISTRICT-689124.

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R1 TO R3 BY SMT. K.M.RESMI, GP R4 BY SRI. M.GOPIKRISHNAN NAMBIAR, SC

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 3723 of 2019 2

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JUDGMENT

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This writ petition is filed by the petitioner challenging Exts.P1 and P2 notices issued under Sections 7 and 34 of the Kerala Revenue Recovery Act, at the instance of the 4^th respondent bank.

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Even though, various contentions are raised, learned counsel for the petitioner submitted that, situation would suffice if permission is granted to the petitioner to pay off the amount outstanding, in reasonable monthly instalments.

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When this writ petition came up for admission earlier, an interim order was passed, staying the coercive proceedings on condition that, petitioner pays an amount of Rs.35,000/- within two weeks. I am informed that the interim order is complied with.

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Learned standing counsel appearing for the 4^th respondent submitted that, as of now, an amount of Rs.9,58,793/- is remaining due from the petitioner.

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Learned counsel for the petitioner submitted that, petitioner is prepared to pay the outstanding amount in fifteen instalments, which was stoutly opposed by learned counsel appearing for the 4^th respondent.

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Taking into account the respective submissions

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WP(C).No. 3723 of 2019 3

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made across the Bar and the adverse financial circumstances prevailing in the community, petitioner is permitted to pay the outstanding amount in twelve equated monthly instalments starting from 27.03.2019 onwards and on the corresponding dates of the succeeding months.

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Needless to say, if any of the amounts as directed above is defaulted by the petitioner, 4^th respondent will be at liberty to proceed in accordance with law and recover the amount in lump. 8. I also make it clear that, if the amounts are paid directly to the 4^th respondent, the collection charges shall be confined to 1% of the total amount deposited.

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The writ petition is disposed of accordingly.

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Sd/- SHAJI P.CHALY

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JUDGE

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uu 11.03.2019

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WP(C).No. 3723 of 2019 4

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APPENDIX

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PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE DEMAND NOTICE UNDER SEC.34 OF REVENUE RECOVERY ACT DATED 4.12.2018. EXHIBIT P2 TRUE COPY OF THE DEMAND NOTICE UNDER SEC.7 OF REVENUE RECOVERY ACT DATED

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//TRUE COPY//

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P.A. TO JUDGE

Suresh Kumar, v. District Collector

Case brief

What is this about?

What did the court decide?

Suresh Kumar, v. District Collector

Case brief

What is this about?

What did the court decide?

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