Allowed

Mohammed Ali v. the District Collector of Thrissur

Kerala HC7 Jun 2022WP(C)/18410/2022

Case brief

AI extract

What is this about?

Writ petition challenging illegal revenue recovery proceedings for kuries and loans. Court allowed the petition, staying recovery notices contingent on the petitioner remitting 25% within one month and clearing the balance in 10 monthly installments starting August 6, 2022, with default punishable by resumption of proceedings.

What did the court decide?

Stay on demand notices under Section 7 RR Act on condition of remitting 25% within one month and the balance in 10 monthly installments starting 06.08.2022.

Mohammed Ali Vs the District Collector of Thrissur — Service and Employment | 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.18410 OF 2022

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PETITIONER:

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MOHAMMED ALI, AGED 59 YEARS, S/O.KOYAKUTTY, SAFA MANZIL, KALLEPADAM, THRISSUR.

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BY ADVS. M.R.REENA P.S.SUJETH

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RESPONDENTS:

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1 THE DISTRICT COLLECTOR OF THRISSUR, THRISSUR-680 003.

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2 THE STATE OF KERALA , REP. BY SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-682 305.

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3 THE SPECIAL DEPUTY TAHSILDAR RR V, K.S.F.E, THRISSUR DISTRICT-680 020.

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4 THE VILLAGE OFFICER, PAZHAYANNUR VILLAGE, THRISSUR DT-680 020.

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5 THE BRANCH MANAGER,

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KERALA STATE FINANCIAL ENTERPRISES, PALAKKAD 1 BRANCH, PALAKKAD-680 020.

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6 ASST.GENERAL MANAGER IN CHARGE (RECOVERY) KSFE LTD., MUSEUM ROAD, THRISSUR-680 020.

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ADV. ANILKUMAR P.K.

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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.18410 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) Issue a writ, order or direction in the nature of mandamus or other appropriate writ directing the 1^st and 5^th respondents to consider Ext.P4 representation dated 30.05.2022 given by the petitioner and may be given 20 instalments for paying the entire amount,

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ii) Issue a writ, order or direction in the nature of mandamus or other appropriate writ directing the respondents 3 to 5 to keep in abeyance all further RR proceedings,

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iii)Issue a writ, order or direction in the nature of mandamus or other appropriate writ declaring the ongoing recovery proceedings pursuance to the issuance of Ext.P1, P2 and P3 RR notices to be illegal, since it issued without ascertaining the actual outstanding liability after the payments made by the petitioner, and

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iv) To call for the records leading to the issuance of Ext.P1 Revenue Recovery notice.

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2. The petitioner is the subscriber of two kuries

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W.P.(C) No.18410 of 2022

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of Rs.5 lakhs each conducted by the 5^th respondent in the year 2013 and 2014. He has also availed a loan of Rs.3,00,000/- in the year 2015 and had remitted only one instalment. The property of 0,0728 hector had been mortgaged for security of the amount for these two kuries and the above said loan. The petitioner defaulted the instalments in respect of the kuri and the loan. Towards the kuri, the amount due is Rs.6,56,828/- and towards the loan, it is Rs.5,14,794/- and revenue recovery proceedings were initiated for recovery of the same. Exts.P1, P2 and P3 notices were issued under Section 7 of the Kerala Revenue Recovery Act, 1968; for recovery of the amounts due. Since he could not remit the amount demanded, he submitted representation to R1 and R5, to allow him to remit the amount due in instalments, but the same is not considered.

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The learned counsel for the petitioner submits that, he is ready to clear off the entire liability in-

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W.P.(C) No.18410 of 2022

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respect of the kuries as well as the loan, if he is given 20 monthly instalments, for repayment of the same.

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The learned standing counsel for the respondent submits that the loan arrears is from 2016 and no amounts are paid thereafter, hence revenue recovery proceedings were initiated for recovery of the amounts due. He vehemently objected in granting of instalments for repayment of the loan as well as the kuri amounts.

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Taking into consideration of the 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.P1, P2 and P3 demand notice will

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stand stayed, on condition that the petitioner remits 25% of the amount shown in Exts.P1 and P2, within a period of one month from today.

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(ii) The petitioner shall remit the balance

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outstanding amounts along with interest and

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W.P.(C) No.18410 of 2022

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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

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instalment, the respondents are entitled to

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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.18410 of 2022

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APPENDIX OF WP(C) 18410/2022

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PETITIONER EXHIBITS:

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Exhibit P1 A TRUE COPY OF THE DEMAND NOTICE U/S 7 OF RR ISSUED TO THE PETITIONER AS IN THE CASE OF KURIES DATED 05-05-2022. Exhibit P2 TRUE COPY OF THE DEMAND NOTICE U/S 7 OF RR ISSUED TO THE PETITIONER AS IN THE CASE OF PERSONAL LOAN DATED 05-05-2022. Exhibit P3 TRUE COPY OF DEMAND NOTICE U/S 34 OF RR ACT ISSUED TO THE PETITIONER DATED 06-052022. Exhibit P4 A TRUE COPY OF THE REPRESENTATION GIVEN BY THE PETITIONER DTD 30/5/2022.

Mohammed Ali v. the District Collector of Thrissur

Case brief

What is this about?

What did the court decide?

Mohammed Ali v. the District Collector of Thrissur

Case brief

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What did the court decide?

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