Safna Sadath Vs the District Collector — Kerala HC (2025) — LawSathi Research

Safna Sadath Vs the District Collector — Kerala HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No order setting aside Ext.P2; instead, coercive proceedings against the petitioner and the additional respondents kept in abeyance for six weeks while the petitioner files a representation before the 4th respondent (Branch Manager, Kerala State Co-operative Bank) and the Bank's competent authority considers settlement by instalment facilities or other appropriate reliefs and passes appropriate orders in accordance with law.

Issue for consideration

Whether the respondents should be directed to set aside Ext.P2, the demand notice issued under the revenue recovery proceedings initiated against the petitioner and the additional respondents. +1 more

Court's answer

The writ petition is disposed of after dispensing notice to the additional respondents, with directions (a) to (c).

Ratio / Principle

Direction (a): the petitioner shall file an appropriate representation before the 4th respondent seeking appropriate reliefs within two weeks from today.

Key takeaways

Direction (b): on receipt of such application, the competent authority of the 4th respondent shall issue notice to the petitioner as well as the additional respondents and pass appropriate orders thereon in accordance with law and communicate the same to the petitioner and the additional respondents within three weeks therefrom.ratio¶54
Direction (c): in order to enable the petitioner to approach the 4th respondent and the 4th respondent to consider their request, all coercive proceedings against the petitioner and the additional respondents shall be kept in abeyance for a period of six weeks.ratio¶63

Detailed headnote1 paragraphs

Kerala High Court (Ernakulam), WP(C) No.8470 of 2025, Justice Murali Purushothaman, 24.03.2025 - Revenue recovery challenge disposed with interim directions. Petitioner Safna Sadath, borrower along with additionally impleaded respondents (R5-R7) of a CDS group loan from the Kerala State Co-operative Bank, Pathadippalam branch, faced revenue recovery proceedings under the Kerala Revenue Recovery Act, 1968 after default, and sought setting aside of demand notice Ext.P2 (dated 26.12.2024). On the Bank's Standing Counsel indicating that the Bank would consider settling the loan account by instalment facilities or other appropriate reliefs if approached with a representation, the Court disposed of the petition after dispensing notice to R5-R7, directing: (a) the petitioner to file an appropriate representation before the Branch Manager (R4) within two weeks; (b) the Bank's competent authority to issue notice to the petitioner and additional respondents and pass appropriate orders in accordance with law, communicating them within three weeks therefrom; and (c) all coercive proceedings to be kept in abeyance for six weeks.

2025:KER:25126

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

MONDAY, THE 24^TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947

WP(C) NO. 8470 OF 2025

PETITIONER:

SAFNA SADATH

AGED 42 YEARS

W/O MUHAMMAD ILLIYAS SADATH H.NO.12/985 A, PANAYAPILLI HOUSE MATTANCHERRY ERNAKULAM, KOCHI, PIN – 682 002

BY ADVS.

AMEER.K.M. FASNA T.Y

HAZEENA BEEVI N.H

RESPONDENTS:

1 THE DISTRICT COLLECTOR

CIVIL STATION KAKKANAD ERNAKULAM, PIN – 682 021.

2 DEPUTY THAHSILDAR

OFFICE OF THE THAHSILDAR (REVENUE RECOVERY) PARK AVENUE ROAD MARINE DRIVE ERNAKULAM KOCHI, PIN – 682 011.

3 VILLAGE OFFICER

OFFICE OF THE VILLAGE OFFICE, MATTANCHERRY, KOCHI, PIN – 682 002.

4 THE BRANCH MANAGER

THE KERALA STATE CO-OPERATIVE BANK LTD 1ST FLOOR , ILLICKAL BUILDING, PATHADIPPALAM KALAMASSERY, ERNAKULAM, PIN – 682 024.

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*5 SUBAIDA

W/O ABDUL LATHEEF ,5/360, NEW ROAD , MATTANCHERRY , ERNAKULAM

*6 SUHARA

D/O MUHAMMED, PEECHINGAPARAMBU VATTEKUNNAM EDAPPALLY P.O ERNAKULAM

*7 GIRIJA

W/O SHANMUGHAN DANISH NILAYAM VIDAKUZHA THAIKKATTUKARA P.O ERNAKULAM

(ADDL.R5 TO R7 ARE IMPLEADED AS PER ORDER DATED 24.03.2025 IN W.P.(C) No.8470 of 2025)

BY ADVS.

K. AMMINIKUTTY

V.K. SUNIL, SENIOR GP

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.03.2025,

THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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JUDGMENT

The petitioner is the borrower of the CDS group

loan along with additional respondent from the Kerala State Co-operative Bank, Pathadippalam.

The petitioner submits that since there was

default in payment of the amount, the Bank initiated revenue recovery proceedings under the Kerala Revenue Recovery Act, 1968. Ext.P2 is the demand notice issued to the petitioner and the additional respondents. The petitioner has filed this writ petition for a direction to the respondents to set aside Ext.P2.

When the writ petition came up for

consideration today, the learned Standing Counsel for the Bank submitted that if the petitioner and the additional

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respondents approach the 4^th respondent with appropriate representation within one week from today, the 4^th respondent will consider the request to settle the loan account either by providing them instalment facilities or other appropriate reliefs.

Accordingly, this writ petition is disposed of

after dispensing notice to the additional respondents with the following directions:-

(a) The petitioner shall file appropriate

representation before the 4^th respondent seeking

appropriate reliefs within two weeks from today.

b) On receipt of such application, the competent authority of the 4^th respondent shall

issue notice to the petitioner as well as the

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additional respondents and pass appropriate

orders thereon in accordance with law and communicate the same to the petitioner and

the additional respondents within three weeks

therefrom.

(c) In order to enable the petitioner to approach the 4^th respondent and the 4^th respondent to consider their request, all coercive proceedings against the petitioner and

the additional respondents shall be kept in abeyance for a period of six weeks.

Sd/-

MURALI PURUSHOTHAMAN

JUDGE

SRJ

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	APPENDIX OF WP(C) 8470/2025
PETITIONER’S EXHIBITS
Exhibit P1	THE TRUE COPY OF THE STATEMENT OF ACCOUNTS
Exhibit P2	THE TRUE COPY OF THE NOTICE DATED 26.12.2024