Disposed

Abdul Azeez v. the Branch Manager

Kerala HC10 Mar 2021WP(C)/22576/2018

Case brief

AI extract

What is this about?

In these consolidated writ petitions concerning revenue recovery proceedings for loan defaults, the court directed the petitioner to avail the Aswas scheme to settle dues either by lump sum or instalments. The court kept recovery proceedings in abeyance pending compliance, disposing of the petitions accordingly.

What did the court decide?

Revenue recovery proceedings kept in abeyance pending petitioner's compliance with the Aswas scheme 2021 (lumpsum or instalments); petitions disposed of.

Abdul Azeez Vs the Branch Manager — Writ and Judicial Review | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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WEDNESDAY, THE 10TH DAY OF MARCH 2021 / 19TH PHALGUNA, 1942 WP(C).No.24962 OF 2016(U)

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PETITIONER:

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ABDUL AZEEZ P.H, AGED 48 YEARS, S/O.HASSAN, PIRAMBILLIKUDY HOUSE, CHELAKKULAM, PERUMBAVOOR.

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BY ADVS. SRI.NIXON PAUL SRI.SANIL JOSE SRI.E.S.SANEEJ

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RESPONDENTS:

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1 DISTRICT COLLECTOR, ERNAKULAM-682031.

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2 THE TAHSILDAR,

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KUNNATHUNADU TALUK, ERNAKULAM DISTRICT-682033.

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3 THE VILLAGE OFFICER, PATTIMATTOM VILLAGE, ERNAKULAM DISTRICT-682051.

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4 SPECIAL DEPUTY TAHASILDHAR, KERALA STATE FINANCIAL ENTERPRISES, KOCHI-18.

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5 THE BRANCH MANAGER, KERALA STATE FINANCIAL ENTERPRISES, KAKKANAD BRANCH, ERNAKULAM-682031.

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6 THE BRANCH MANAGER, KERALA STATE FINANCIAL ENTERPRISES, KOLENCHERY BRANCH, KOLENCHERY-682311.

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BY ADVS. SRI.V.N.SASIDHARAN., SC, KSFE. SRI.ARUN ANTONY, SC, KSFE LTD.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.03.2021, ALONG WITH WP(C).22576/2018(V), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶18

WP(C).Nos.24962/2016 & 22576/2018

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¶20

IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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WEDNESDAY, THE 10TH DAY OF MARCH 2021 / 19TH PHALGUNA, 1942 WP(C).No.22576 OF 2018

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PETITIONER:

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ABDUL AZEEZ, AGED 47, S/O.HASSAN, PIRAPPILLY KUDI HOUSE, CHELAKKULAM, PERUMBAVOOR, COCHIN - 683 562.

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BY ADVS. SRI.SAIJO HASSAN SRI.BENOJ C AUGUSTIN SRI.U.M.HASSAN SMT.P.PARVATHY SRI.RAFEEK. V.K. SRI.VISHNU BHUVANENDRAN

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RESPONDENTS:

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1 THE BRANCH MANAGER, KERALA STATE FINANCIAL ENTERPRISES, ERNAKULAM BRANCH, ERNAKULAM - 682 018. 2 SPECIAL DEPUTY THAHSILDAR (RR), KERALA STATE FINANCIAL ENTERPRISES, ERNAKULAM - 682 018.

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BY ADVS. SRI.P.PRIJITH

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.03.2021, ALONG WITH WP(C).24962/2016(U), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶31

WP(C).Nos.24962/2016 & 22576/2018

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JUDGMENT

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The very same petitioner has filed both these writ petitions, when Revenue Recovery proceedings were initiated on account of the default committed in repayment towards the prized chitties as well as the loan availed by the petitioner.

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2. The learned Standing Counsel, Sri.Prijith and Sri.Arun Antony, appearing in the respective cases submit that total amount outstanding from the petitioner is a sum of Rs.9,58,484/-.

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In case the petitioner avails the benefit of Aswas scheme 2021, petitioner will have to make lumpsum payment before 31.03.2021, for which he can approach the respondents and avail the benefit in accordance with the scheme. If he does not avail the benefit of the scheme, he shall

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WP(C).Nos.24962/2016 & 22576/2018

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make the payment in 12 equal monthly instalments starting from April, 2021 onwards. In that event, the Revenue Recovery proceedings shall be kept in abeyance and on closing the account, the proceedings shall be withdrawn. In case the petitioner commits default in any of the instalments, the respondents would be free to resume the Revenue Recovery proceedings.

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Accordingly, the writ petitions are disposed of.

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Sd/P.V.ASHA JUDGE

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¶43

WP(C).Nos.24962/2016 & 22576/2018

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APPENDIX OF WP(C) 24962/2016

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PETITIONER'S EXHIBITS:

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EXHIBIT	P1 THE	TRUE	PHOTOCOPY OF	THE JUDGMENT IN WPC 9328/16.
EXHIBIT	P2 THE	TRUE	PHOTOCOPY OF	THE RECEIPT DATED 28-3-16.
EXHIBIT	P3 THE	TRUE	PHOTOCOPY OF	THE RECEIPT DATED 28-3-16.
EXHIBIT	P4 THE	TRUE	PHOTOCOPY OF	THE RECEIPT DATED 28-5-16.
EXHIBIT	P5 THE WPC	TRUE 9328/	PHOTOCOPY OF 16.	THE ORDER IN IA 10001/16 IN
EXHIBIT	P6 THE RESP	TRUE ONDEN	PHOTOCOPY O T DATED 18-7-	F THE CERTIFICATE FROM 6TH 16.
EXHIBIT	P7 THE 23-7	TRUE -16.	PHOTOCOPY OF	THE APPLICATION DATED
RESPOND	ENTS' EXHIB	ITS:
EXHIBIT	R4(A) TRUE FINA	COPY NCIAL	OF VARIOLA ENTERPRISES	ISSUED BY THE KERALA STATE LTD, THRISSUR.

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WP(C).Nos.24962/2016 & 22576/2018

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APPENDIX OF WP(C) 22576/2018

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE NOTICE DATED 16.05.2018 ISSUED UNDER SECTION 7 OF THE KERALA REVENUE RECOVERY ACT, 1968. EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 16.05.2018 ISSUED UNDER SECTION 34 OF THE KERALA REVENUE RECOVERY ACT, 1968 ALONG WITH ITS ENGLISH TRANSLATION.

Abdul Azeez v. the Branch Manager

Case brief

What is this about?

What did the court decide?

Abdul Azeez v. the Branch Manager

Case brief

What is this about?

What did the court decide?

What the court decided

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