Allowed

Anandu.P.v v. the Deputy Tahsildar

Kerala HC16 Dec 2022WP(C)/14905/2022

Case brief

AI extract

What is this about?

This petition challenged revenue recovery proceedings initiated by Kerala State BCDC against two petitioners who defaulted on education loans. The court, considering the COVID-19 impact, directed repayment in twenty equated monthly instalments and stayed recovery proceedings contingent on compliance.

What did the court decide?

Relief granted by directing repayment in twenty equated monthly instalments; recovery proceedings kept on hold if no default occurs.

Anandu.P.v Vs the Deputy Tahsildar — Banking and Recovery | Kerala HC (2022)

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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 V.G.ARUN

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FRIDAY, THE 16TH DAY OF DECEMBER 2022 / 25TH AGRAHAYANA, 1944

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WP(C) NO. 14905 OF 2022

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PETITIONERS:

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1ANANTHU P.V.,
AGED 25 YEARS,
S/O.BHASKARAN P.V.,
PUTHEN VEETTIL, PATTIKKAD P.O,
CHEMMANIYODE, MALAPPURAM DISTRICT-679 325.

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2AYANA.P.V,
AGED 25 YEARS

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D/O.BHASKARAN.P.V, PUTHEN VEETIL, PATTIKKAD.P.O,
CHEMMANIYODE,MALAPPURAM DISTRICT-679 325.

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BY ADV U.K.DEVIDAS

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RESPONDENTS:

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1 THE DEPUTY TAHSILDAR (SPECIAL DEPUTY TAHSILDAR,REVENUE RECOVERY), PERINTHALMANNA TALUK, MALAPPURAM DISTRICT-676306.

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2 THE VILLAGE OFFICER, MELATTUR VILLAGE, MELATTUR.P.O, MALAPPURAM DISTRICT679325.

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3 THE DISTRICT COLLECTOR COLLECTORATE, CIVIL STATION, MALAPPURAM-676505.

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4 THE PRINCIPAL SECRETARY REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.

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5KERALA STATE BACKWARD CLASSES DEVELOPMENT CORPORATION
LTD.-KSBCDC
23/277, J & K BUILDING, MUNDUPARAMBA, MALAPPURAM
REPRESENTED BY ITS ASSISTANT GENERAL MANAGER-676 509.

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BY

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SRI. M.SASINDRAN, SC
SMT. AMMINIKUTTY K., GP

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WP(C)NO.14905 OF 2022

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 16.12.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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WP(C)NO.14905 OF 2022

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JUDGMENT

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Dated this the 16^th day of December, 2022

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The petitioners availed loans from the 5^th respondent Corporation to pursue B Tech course. Although the petitioners completed their course, repayment towards the loan fell in default as the petitioner’s could not secure good employment. Consequently, the 5^th respondent initiated revenue recovery proceedings. Hence, this writ petition.

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Learned Counsel for the petitioners submitted that, petitioners’ are not willful defaulters and given an opportunity, the entire amount will be repaid in reasonable instalments.

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Learned Standing Counsel for the 5^th respondent submitted that, as on 12.05.2022, an amount of Rs.4,97,678/was due from the 1^st petitioner and Rs.4,84,149/-, from the 2^nd petitioner. It is submitted that if at all the petitioners’ are permitted to repay the amount in instalments, that should be limited to the minimum.

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Considering the impact of COVID-19 and lockdown on the public at large I am inclined to dispose the writ petition with the following directions:

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WP(C)NO.14905 OF 2022

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(i) The petitioners’ shall pay the entire amount due from them to the 5^th respondent Corporation, with interest and cost if any, in twenty equated monthly instalments.

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(ii) The 1^st instalment shall be paid on or before 15.01.2023 and the balance instalments, before the 15^th of every succeeding month.

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(iii) Along with the instalments towards overdue amount, the petitioner shall also remit the regular EMIs promptly.

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(iv) Default in payment of any one of the instalments will result in the benefit of this judgment being withdrawn and the Bank being at liberty to continue the recovery proceedings.

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(v) If the instalments are remitted without default, the recovery proceedings shall be kept on hold.

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Sd/V.G.ARUN JUDGE

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WP(C)NO.14905 OF 2022

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APPENDIX

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PETITIONERS’ EXHIBITS:-

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Exhibit P1TRUE COPY OF THE NOTICE ISSUED BY THE
FIFTH RESPONDENT TO THE FIRST
PETITIONER DATED 23.02.2022

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Exhibit P2TRUE COPY OF THE NOTICE UNDER SECTION 7
OF THE R.R.ACT ISSUED BY THE FIRST
RESPONDENT DATED 14.03.2022

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Exhibit P3TRUE COPY OF THE NOTICE UNDER SECTION
34 OF THE R.R.ACT ISSUED BY THE FIRST
RESPONDENT DATED 15.03.2022

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Exhibit P4TRUE COPY OF THE ORDER DATED 04.04.2022
ISSUED BY THE FOURTH RESPONDENT TO THE
FIRST PETITIONER

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Exhibit P5TRUE COPY OF THE ORDER DATED 04.04.2022
ISSUED BY THE FOURTH RESPONDENT TO THE
SECOND PETITIONER.

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RESPONDENTS EXHIBITS:-

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Exhibit R5(a)A TRUE COPY OF THE PERSONAL LOAN LEDGER
DATED 12.05.2022 IN RESPECT OF THE
FIRST PETITIONER.

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Exhibit R5(b)A TRUE COPY OF THE PERSONAL LOAN LEDGER
DATED 12.05.2022 IN RESPECT OF THE 2ND
PETITIONER.

Anandu.P.v v. the Deputy Tahsildar

Case brief

What is this about?

What did the court decide?

Anandu.P.v v. the Deputy Tahsildar

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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