Allowed

Mr. Haridas C.N v. State of Kerala

Kerala HC21 Mar 2022WP(C)/3922/2022

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition filed by a loan petitioner aggrieved by Revenue Recovery proceedings. The Court permitted the petitioner to clear the outstanding loan amount, interest, and charges in 10 equal monthly instalments, deferring the recovery proceedings contingent on no consecutive defaults.

What did the court decide?

Permits the petitioner to remit the balance amount along with accrued interest and other charges in 10 equal monthly instalments, deferring Revenue Recovery proceedings.

Mr. Haridas C.N Vs State of Kerala — 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 N.NAGARESH

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MONDAY, THE 21^ST DAY OF MARCH 2022 / 30TH PHALGUNA, 1943

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WP(C) NO. 3922 OF 2022

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PETITIONER:

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HARIDAS C.N, AGED 52 YEARS, S/O. NARAYANAN, CHARIVUKALAYIL HOUSE, MANNARAKULANJI P.O., PATHANAMTHITTA DISTRICT-689 678

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BY ADVS. VISHAK.K.JOHNSON N.P.RUKSANA

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE, STATE SECRETARIAT, THIRUVANANTHAPURAM-695 001

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2 THE DISTRICT COLLECTOR, OFFICE OF THE DISTRICT COLLECTOR, COLLECTORATE, PATHANAMTHITTA-689 645

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3 THE DEPUTY TAHSILDAR, OFFICE OF THE DEPUTY TAHSILDAR, KONNI TALUK, PATHANAMTHITTA-689 645

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4 THE VILLAGE OFFICER, MYLAPRA VILLAGE, PATHANAMTHITTA DISTRICT, PINCODE-689 678

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5 THE INDIAN OVERSEAS BANK, PATHANAMTHITTA, REPRESENTED BY ITS MANAGER, THE INDIAN OVERSEAS BANK, PATHANAMTHITTA-689 645

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BY ADVS. SRI. SUNIL SHANKER SRI. KEVIN VARGHESE JACOB SMT. PARVATHY KOTTOL, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C)No.3922/2022

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JUDGMENT

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Dated this the 21^st day of March, 2022

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The petitioner, who has taken loan from the 5^th respondent-Bank, is before this Court aggrieved by the Revenue Recovery proceedings initiated against him.

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The petitioner states that he took a vehicle loan

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from the Indian Overseas Bank, Pathanamthitta Branch.

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There was some default in repayment. Thereupon, the 5^th respondent-Bank initiated Revenue Recovery proceedings. Ext.P1 notice was issued by the Village Officer, Mylapra.

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The petitioner submits that the petitioner has

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been repaying the loan promptly. Due to subsequent Covid-19 pandemic, the petitioner could not continue remittances promptly. The petitioner is ready and willing to clear the loan amount if sufficient time is given. The

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WP(C)No.3922/2022

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petitioner seeks to direct the respondents to permit the petitioner to remit the balance amount in 10 equal monthly instalments.

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The learned Standing Counsel for the 5^th respondent entered appearance and resisted the writ petition. The learned Standing Counsel submitted that the petitioner has been making consistent default and inspite of notice, no amounts were repaid. Thereupon, the respondents were forced to resort Revenue Recovery proceedings. However, taking into consideration the present situation, the petitioner can be permitted to repay the balance amount in 10 equal monthly instalments. The learned Standing Counsel for the 5^th respondent submitted that as per Ext.P1, the outstanding amount is ₹9,58,175/-.

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The petitioner will have to make payment along with accrued interest also.

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I have heard the learned counsel for the petitioner, the learned Standing Counsel for the 5^th

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respondent and the learned Government Pleader representing respondents 1 to 4.

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In view of the submissions made as above, the writ petition is disposed of permitting the petitioner to remit the balance amount found due from the petitioner along with accrued interest and other charges, in 10 equal monthly instalments. First of such instalment shall be paid on or before 15^th April, 2022. Subsequent monthly instalments shall be paid on or before 15^th of subsequent months. If the petitioner makes two consecutive defaults, the respondents will be free to proceed against the petitioner in accordance with law. If the petitioner makes repayment as directed above, the Revenue Recovery proceedings contemplated against the petitioner will stand deferred.

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Sd/- N. NAGARESH JUDGE

APPENDIX OF WP(C) 3922/2022

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PETITIONER'S EXHIBITS:

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Exhibit P1 TRUE COPY OF THE DEMAND NOTICE NO.13/2022 DATED 05/01/202 ISSUED TO THE PETITIONER BY THE VILLAGE OFFICER MYLAPRA

Mr. Haridas C.N v. State of Kerala

Case brief

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Mr. Haridas C.N v. State of Kerala

Case brief

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