The High Court allowed a writ petition filed against revenue recovery proceedings initiated for a loan allegedly due. The Court observed that the loan was restructured, repaid regularly, and no dues subsisted, hence quashing the recovery notices.
Writ petition allowed. Revenue recovery notices Exts.P4 and P5 quashed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 12TH DAY OF JULY 2022 / 21ST ASHADHA, 1944
WP(C) NO. 8943 OF 2022
PETITIONER:
RUBY V P, AGED 55 YEARS S/O. LATE VASAVA PANICKER, KATTIPRAMBIL HOUSE, KALAVAMKODAM P. O., CHERTHALA - 688 586
BY ADVS. P.JAYABAL MENON REKHA AGARWAL JOSEPH V. GREGORY NAZRIN BANU
RESPONDENTS:
1 THE DEPUTY TAHSILDAR (R. R.) CHERTHALA TALUK, TALUK OFFICE, POLICE STATION ROAD, NEAR MINI CIVIL STATION, CHERTHALA - 688524.
2 UNION BANK OF INDIA VAYALAR BRANCH, NAGAMKULANGARA JUNCTION, VAYALAR P. O., ALAPPUZHA - 688 536, REPRESENTED BY ITS BRANCH MANGER.
OTHER PRESENT:
Smt. K. Amminikutty GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.8943/2022
2
JUDGMENT
Dated this the 12th day of July 2022
The writ petition is filed aggrieved by the initiation of revenue recovery proceedings for recovery of amounts allegedly due towards a loan availed by the petitioner. The learned counsel for the petitioner submitted that the loan has been restructured as a term loan and is being repaid regularly. Attention was drawn to Ext.P3 dated 15/3/2022 as per which no dues are subsisting.
In the light of the above submission, there is no justification for initiating revenue recovery proceedings. The writ petition is hence allowed. Exts.P4 and P5 revenue recovery notices are quashed.
Sd/V.G.ARUN Judge
dpk
W.P.(C)No.8943/2022
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APPENDIX OF WP(C) 8943/2022
PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SANCTION LETTER DATED 24.03.2021 ISSUED BY THE 2ND RESPONDENT. Exhibit P2 TRUE COPY OF THE LETTER DATED 14.03.2022 ISSUED BY THE 2ND RESPONDENT. Exhibit P3 TRUE COPY OF THE LETTER DATED 15.03.2022 ISSUED BY THE 2ND RESPONDENT. Exhibit P4 TRUE COPY OF THE NOTICE DATED 11.05.2020 ISSUED BY THE 1ST RESPONDENT. Exhibit P5 TRUE COPY OF THE NOTICE DATED 29.08.2020 ISSUED BY THE 1ST RESPONDENT.
1 issue framed by the court
Whether revenue recovery proceedings initiated for alleged loan dues should be allowed when the loan was restructured and dues were cleared.
Ruby V P
The Deputy Tahsildar (R.R.) Chanthala Taluk
Union Bank of India Vayalar Branch
V.G.Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
