Partly allowed

Suneer N a, v. Special Deputy Tahsildar

Kerala HC7 Jul 2022WP(C)/19647/2022

Case brief

AI extract

What is this about?

In a writ petition, the court granted permission to the petitioners to repay a defaulted loan in ten equated monthly installments. The revenue recovery proceedings initiated under the Kerala Revenue Recovery Act were directed to be kept in abeyance pending compliance, with the condition that default would result in their resumption.

What did the court decide?

Permission granted to remit the entire amount due with interest and cost in ten equated monthly installments. Revenue recovery proceedings kept in abeyance subject to no default.

Suneer N a, Vs Special Deputy Tahsildar — 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 V.G.ARUN

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THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944

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WP(C) NO. 19647 OF 2022

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PETITIONER/S:

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1SUNEER N A,
AGED 50 YEARS
S/O.ABDULKHADAR, NADUVILAPARAMBIL HOUSE, PALAPRASSERY,
CHENGAMANAD P.O. PIN:683578, CHENGAMANAD VILLAGE, ALUVA
TALUK, ERNAKULAM DISTRICT.

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2SUBAIR. N.A.,
AGED 52 YEARS, S/O.ABDULKHADAR, NADUVILAPARAMBIL HOUSE,
PALAPRASSERY, CHENGAMANAD P.O. PIN:683578, CHENGAMANAD
VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT.
BY ADVS.
M.G.JEEVAN
SANIYA JOSE MAMPILLY

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RESPONDENT/S:

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1 SPECIAL DEPUTY TAHSILDAR, OFFICE OF THE SPECIAL DEPUTY TAHASILDAR R.R.,KSFE., ERNAKULAM, OPP: ERNAKULATHAPPAN GROUND, PIN:682018.

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2 MANAGER,

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KERALA STATE FINANCIAL ENTERPRISES, ATHANI BRANCH, ATHANI.P.O. PIN:683585, NEDUMBASSERY VILLAGE, ERNAKULAM.

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3 VILLAGE OFFICER, CHENGAMANAD, NEDUMBASSERY VILLAGE, ALUVA TALUK, PIN:683578.

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OTHER PRESENT:

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SC FOR KSFE SALIL NARAYANAN; GP AMMINIKUTTY K

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 19647 OF 2022

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JUDGMENT

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Dated this the 7th day of July, 2022

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The petitioners are brothers. The 1^st petitioner had

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subscribed a Chitty having Sala of Rupees Twenty Five Lakhs. Later, the 1^st petitioner availed a loan on the security of the chitty and the 2^nd petitioner stood as guarantor for the loan. The petitioners having defaulted in repaying the loan, the 2^nd respondent has initiated revenue recovery proceedings.

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2.This writ petition is filed highlighting the reasons for not repaying the loan on time, which according to the petitioners occurred for reasons beyond their control. The petitioners seek permission to repay the loan amount in ten equal installments.

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3.Learned Standing counsel for the 2^nd respondent submits that, as on 17.6.2021, an amount of Rs. 16, 40,000/- was due under the loan account and the petitioners having willfully defaulted the repayment of the loan amount are bound to repay the entire amount in lump. It is hence submitted that, if at all installment facility is granted, that should be limited to the minimum.

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Taking into account the impact of Covid-19 pandemic and resultant lockdown, which has undoubtedly affected the public at large, I am inclined to dispose the writ petition as under:-

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WP(C) NO. 19647 OF 2022

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(i)The petitioner is permitted to remit the entire amount due with interest and cost thereon, in ten equated monthly installments.

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(ii) The 1^st installment shall be paid on or before 15.8.2022 and the subsequent installments, on or before the 15^th day of each succeeding month.

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(iii) Default in any of the installments will result in the benefit of this judgment being recalled and the 1^st respondent being at liberty to continue the recovery proceedings.

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(iv) If the installments are remitted without default, the revenue recovery proceedings initiated under Ext.P1 shall be kept in abeyance.

Sd/-

V.G ARUN JUDGE

WP(C) NO. 19647 OF 2022

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`PETITIO`	`NER EXHI`	`BITS`
`Exhibit`	`P1`	`TRUE PHOTO COPY OF REGD. SETTLEMENT DEED` `NO:1578/2017 DT. 15.6.2017 OF CHENGAMANAD` `SRO.`
`Exhibit`	`P1`	`TRUE PHOTO COPY OF REGD. SETTLEMENT DEED` `NO:1578/2017 DT. 15.6.2017 OF CHENGAMANAD` `SRO.`
`Exhibit`	`P2`	`TRUE PHOTO COPY OF NOTICE DT.19.3.2022` `ISSUED AS PER SEC.7 OF THE REVENUE` `RECOVERY ACT ISSUED TO PETITIONERS BY 1ST` `RESPONDENT.`
`Exhibit`	`P3`	`TRUE PHOTO COPY OF NOTICE OF DEMAND AS PER` `SEC.34 OF THE SAID ACT ISSUED IN FORUM 10` `BY 1ST RESPONDENT TO PETITIONERS.`

Suneer N a, v. Special Deputy Tahsildar

Case brief

What is this about?

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Suneer N a, v. Special Deputy Tahsildar

Case brief

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What did the court decide?

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