Allowed

Joby Joseph v. Special Deputy Tahsildar (Rr)

Kerala HC12 Feb 2021WP(C)/3639/2021

Case brief

AI extract

What is this about?

The petitioner challenged revenue recovery proceedings for defaulted chitty and loan payments. The court allowed the writ petition, permitting payment in 12 monthly instalments starting March 2021, keeping recovery proceedings in abeyance, with a warning that default would reinstate proceedings.

What did the court decide?

The petitioner allowed to remit outstanding amount in 12 equal monthly instalments from March 2021; revenue recovery proceedings kept in abeyance pending default.

Joby Joseph Vs Special Deputy Tahsildar (Rr) — Banking and Recovery | Kerala HC (2021)

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WP(C).No.3639 OF 2021(D)

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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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FRIDAY, THE 12TH DAY OF FEBRUARY 2021 / 23RD MAGHA,1942

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WP(C).No.3639 OF 2021(D)

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PETITIONER/S:

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JOBY JOSEPH AGED 42 YEARS

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S/O. JOSEPH.C.C., CHIRAPURATHVEETIL, MULAKULAM VILLAGE, VAIKOM TALUK, ARUNOOTIMANGALAM P.O., KADUTHURUTHY, KOTTAYAM DIST, PIN-686 604

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BY ADVS. SRI.RADHAKRISHNA PILLAI.G. SRI.T.A.SHAIN SHRI.NITIN SUSEELAN SHRI.SANTHOSH KUMAR G.S.

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RESPONDENT/S:

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1 SPECIAL DEPUTY TAHSILDAR (RR) KSFE LTD., MADUKANI CENTRE, MUTTAMBALAM P.O., KOTTAYAM DIST., IN-686 001

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2 THE DISTRICT COLLECTOR-KOTTAYAM, COLLECTORATE P.O., KOTTAYAM DIST., PIN-686002

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3 THE PRINCIPAL SECRETARY-REVENUE DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM,PIN-695 001

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OTHER PRESENT:

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SMT.PRINCY XAVIER, GP, SRI.ARUN ANTONY,SC,KSFE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.3639 OF 2021(D)

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JUDGMENT

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Dated this the 12^th day of February 2021

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The petitioner, who was defaulted the payment towards the prized chitties as well as the loan availed from the KSFE has filed this writ Petition aggrieved by Ext.P1 revenue recovery proceedings.

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Adv.P.C.Anilkumar, learned Standing Counsel for the KSFE, on instructions submitted that a sum of Rs.31,53,000/(Rupees Thirty one lakhs fifty three thousand only) is due from the petitioner.

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As the learned counsel for the petitioner submits that the petitioner would be able to make payment in instalments, the Writ Petition is disposed of, allowing the petitioner to remit the outstanding amount in 12 equal monthly instalments starting from March 2021 onwards. In that event the revenue recovery proceedings shall be kept in abeyance. In case the petitioner commits any default in payment of any of the instalments, respondents would be free to proceed with the revenue recovery proceedings.

Sd/-

P.V.ASHA

JUDGE

rkc

WP(C).No.3639 OF 2021(D)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1

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A TRUE COPY OF THE NOTICE DATED 22.02.2020 ISSUED BY THE 1ST RESPONDENT

Joby Joseph v. Special Deputy Tahsildar (Rr)

Case brief

What is this about?

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Joby Joseph v. Special Deputy Tahsildar (Rr)

Case brief

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