In a writ petition challenging revenue recovery proceedings for a loan default, the Court granted the petitioner an opportunity to repay the amount in two instalments. Coercive proceedings were kept in abeyance pending the instalments.
Petitioner directed to remit amount in two instalments; coercive proceedings kept in abeyance.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
MONDAY, THE 21ST DAY OF AUGUST 2023 / 30TH SRAVANA, 1945 WP(C) NO. 4819 OF 2014
PETITIONER/S:
MOHAMMED NASEEM, S/O. MOHAMMED ABDUL KADER, NEELAN GADAN HOUSE, THODIKAPPUPLAM, P.O.PORUR679 339, MALAPPURAM DISTRICT.
BY ADVS. SRI.SRI.HUSSAIN KOYA VALIYAVEEDAKATH SRI.K.ANAND
RESPONDENT/S:
BY ADVS.
SRI.SUNIL V.MOHAMMED, SC, KSWDC SMT.LATHA ANAND, SC, KSWDC
OTHER PRESENT:
SRI. V.K. SHAMSUDHEEN -SR. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 4819 OF 2014
JUDGMENT
The writ petition is filed challenging Ext.P1 revenue recovery proceedings initiated by the respondents for a sum of Rs.65,550/- on
committing default in repayment of the loan availed by the petitioner from the second respondent, the Kerala State Women's Development Corporation.
hearing, the learned Standing Counsel for the second respondent submits that they are ready to
waive off the interest as well as the penal interest due from the petitioner. It is further submitted that if the petitioner remits an amount of Rs.66,376/- towards full and final settlement,
they are ready and willing to withdraw the
revenue recovery proceedings initiated against the petitioner.
WP(C) NO. 4819 OF 2014
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submits that the petitioner is ready and willing to remit the amount as suggested by the second Respondent, but seeks for instalment facility for repayment of the amount now offered by the second respondent.
second respondent, on the other hand, submits that the loan was availed in the year 1995 and further time for repayment of the amount of
Rs.66,376/- may not be granted to the petitioner.
and circumstances and taking a lenient view, I am
of the opinion that interest of justice will be
best met, if the petitioner is granted an opportunity to repay the amount in two
instalments.
Accordingly, the writ petition is disposed of, with the following directions;
a)The petitioner is directed to remit an amount
WP(C) NO. 4819 OF 2014
instalments, starting from 25.09.2023.
b)In order to enable the petitioner to repay the entire amounts, all coercive proceedings shall be kept in abeyance, till 25.10.2023.
c)In the event of default of any one instalment, the second respondent shall be entitled to proceed in accordance with law.
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
bka/-
WP(C) NO. 4819 OF 2014
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APPENDIX OF WP(C) 4819/2014
PETITIONER EXHIBITS
P1 : COPY OF THE REVENUE RECOVERY NOTICE DTD.21.1.2014.
P2 : COPY OF THE REPRESENTATION DTD.12.2.2014 PREFERRED BY THE PETITIONER TO THE 2ND RESPONDENT.
1 issue framed by the court
Whether the petitioner can be granted an instalment facility to repay the outstanding loan amount instead of immediate full payment.
MOHAMMED NASEEM
THE DEPUTY TAHSILDAR, REVENUE RECOVERY, TALUK OFFICE, NILAMBUR, MALAPPURAM DISTRICT
THE MANAGING DIRECTOR, THE KERALA STATE WOMEN'S DEVELOPMENT CORPORATION LTD.
SHOBA ANNAMMA EAPEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
