Allowed

Mukundadasan T. v. the Authorised Officer

Kerala HC7 Jun 2022WP(C)/18259/2022

Case brief

AI extract

What is this about?

The High Court allowed the writ petition, staying revenue recovery proceedings initiated under the Kerala Revenue Recovery Act, 1968. The court directed the petitioner to remit 25% of the due amount within one month and pay the balance in 10 successive equal monthly instalments, with a provision that defaulting will allow the recovery proceedings to resume.

What did the court decide?

Revocation of Ext.P2 to P7; 25% payment within one month; balance to be paid in 10 equal monthly instalments starting 06.08.2022; default leads to resumption of recovery.

Mukundadasan T. Vs the Authorised Officer — Property and Title | 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 BASANT BALAJI

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TUESDAY, THE 7^TH DAY OF JUNE 2022/17TH JYAISHTA, 1944

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W.P.(C) NO.18259 OF 2022

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PETITIONER:

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MUKUNDADASAN T., AGED 54 YEARS, S/O.SUKUMARAN, THONNATH HOUSE, MADDHALAPPARA, MARUTHA, MALAPPURAM DISTRICT – 679 333.

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BY ADV K.VIDYASAGAR

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RESPONDENTS:

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1 THE AUTHORISED OFFICER, SHANAWAS KHAN.P.A., SPECIAL DEPUTY TAHSILDAR (RR), KERALA STATE FINANCIAL ENTERPRISES LIMITED, PALAKKAD – 678 001.

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2 THE KERALA STATE FINANCIAL ENTERPRISES LIMITED, BRANCH: POOKKOTTUMPADAM (547), REPRESENTED BY BRANCH MANAGER, POOKKOTTUMPADAM, MALAPPURAM DISTRICT – 679 332. ADV. SALIL NARAYAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.18259 of 2022

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JUDGMENT

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(Dated : 7^th June, 2022)

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The writ petition is filed by the petitioner with

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the following prayers:

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i) a writ of mandamus or such other writ, order or direction directing the 1^st and 2^nd respondents to permit the petitioner to repay the entire liability to the 2^nd respondent in respect of Chitty No.16/2016-29 and loan Account Nos.RCL-3 and NCL-2 by way of 20 equal monthly instalments and

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ii) a writ of mandamus or any other writ, order or direction directing the 2^nd respondent to regularize the chitty account in respect of Chitty No.16/2016-29 and loan Account Nos.RCL-3 and NCL-2.

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The petitioner is the subscriber of the Chitty

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No.16/2016-29 conducted by the 2^nd respondent. The chitty terminated on 23.01.2020. He has also availed two loans of Rs.5,00,000/- each with account No.RCL-3 and NCL-2 respectively. The petitioner defaulted in repayment of the chitty as well as the loan amounts and revenue recovery proceedings were initiated for recovery of the same. Ext.P2 notice was issued under Section 7 of the Kerala Revenue Recovery Act, 1968, for recovery of an

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W.P.(C) No.18259 of 2022

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amount of Rs.1,76,239/- being the amount due in Account

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No.16/2016-29. The amount due under RCL-3 is Rs.5,42,780/- as per Ext.P4, and for loan account No.NCL-2, the amount is Rs.5,52,312/- as per Ext.P6.

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The learned counsel for the petitioner submits

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that, he is ready to clear off the entire liability inrespect of the chitty as well as the two loans, if he is given 20 monthly instalments for repayment of the same.

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The learned standing counsel for the respondent

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submits that the loan arrears is from 2019 and no amounts are paid thereafter, hence revenue recovery proceedings were initiated for recovery of the amounts due. He vehemently objected in granting instalments for repayment of the loan as well as the chitty amounts.

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Ext.P1 is the medical report dated 20.10.2021, which shows that he was an out patient of Sree Chitra Tirunal Institute for Medical Sciences & Technology, Trivandrum, with neurological complaints.

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Taking into consideration of Ext.P1 and the

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W.P.(C) No.18259 of 2022

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willingness of the petitioner to remit the entire liability in monthly instalments, I am inclined to allow the writ petition with the following direction.

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(i) Exts.P2 to P7 demand notice will stand

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stayed, on condition that the petitioner remits

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25% of the amount shown in Exts.P2, P4 and P6, within a period of one month from today.

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(ii) The petitioner shall remit the balance outstanding amounts along with interest and charges if any in 10 successive equal monthly instalments, commencing from 06.08.2022.

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(iii) If the petitioner defaults any single instalment, the respondents are entitled to continue with the revenue recovery proceedings.

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The writ petition is accordingly disposed of.

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Sd/- BASANT BALAJI, JUDGE

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W.P.(C) No.18259 of 2022

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APPENDIX OF WP(C) 18259/2022

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PETITIONER EXHIBITS:

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Exhibit P1	TRUE COPY OF THE	MEDICAL	REPORT	DATED
	20/10/2021 ISSUED	BY THE	SREE	CHITRA
	TIRUNAL INSTITUTE AND TECHNOLOGY, TR	FOR MED IVANDRUM.	ICAL S	CIENCES
Exhibit P2	TRUE COPY OF THE 25.07.2019 ISSUED TO THE PETITIONER KERALA REVENUE DEMANDING TO REMIT OF RS.1,76,239/- NO.16/2016-29.	DEMAND BY THE UNDER SEC RECOVERY THE DUES IN	NOTICE 1ST RES TION 7 ACT, FOR AN THE	DATED PONDENT OF THE 1968 AMOUNT CHITTY
Exhibit P3	TRUE COPY OF THE 26.07.2019 ISSUED TO THE PETITIONER KERALA REVENUE DEMANDING TO REMIT OF RS.1,76,239/- 16/2016-29.	DEMAND BY THE UNDER SEC RECOVERY THE DUES IN THE	NOTICE 1ST RES TION 34 ACT, FOR AN CHITT	DATED PONDENT OF THE 1968 AMOUNT Y NO.
Exhibit P4	TRUE COPY OF THE 25.07.2019 ISSUED TO THE PETITIONER KERALA REVENUE DEMANDING TO REMIT OF RS.5,42,780/- W ACCOUNT NO.RCL-3.	DEMAND BY THE UNDER SEC RECOVERY THE DUES ITH RESPE	NOTICE 1ST RES TION 7 ACT, FOR AN CT TO T	DATED PONDENT OF THE 1968 AMOUNT HE LOAN
Exhibit P5	TRUE COPY OF THE 26.07.2019 ISSUED TO THE PETITIONER KERALA REVENUE DEMANDING TO REMIT OF RS.5,42,780/- W ACCOUNT NO.RCL-3.	DEMAND BY THE UNDER SEC RECOVERY THE DUES ITH RESPE	NOTICE 1ST RES TION 34 ACT, FOR AN CT TO T	DATED PONDENT OF THE 1968 AMOUNT HE LOAN

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W.P.(C) No.18259 of 2022

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Exhibit P6 TRUE COPY OF THE DEMAND NOTICE DATED 25.07.2019 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER UNDER SECTION 7 OF THE KERALA REVENUE RECOVERY ACT, 1968 DEMANDING TO REMIT THE DUES FOR AN AMOUNT OF RS.5,52,312/- WITH RESPECT TO THE CHITTY LOAN ACCOUNT NO. NCL-2. Exhibit P7 TRUE COPY OF THE DEMAND NOTICE DATED 26.07.2019 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER UNDER SECTION 34 OF THE KERALA REVENUE RECOVERY ACT, 1968 DEMANDING TO REMIT THE DUES FOR AN AMOUNT OF RS.5,52,312/- WITH RESPECT TO THE CHITTY LOAN ACCOUNT NO. NCL-2. Exhibit P8 TRUE COPY OF THE BASIC LAND TAX RECEIPT DATED 11.04.2022 IN THE NAME OF THE PETITIONER WITH RESPECT TO THE PROPERTY HAVING AN EXTENT OF 48.89 ARES.

Mukundadasan T. v. the Authorised Officer

Case brief

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Mukundadasan T. v. the Authorised Officer

Case brief

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