P.Gopi Vs. the Secretary

P.Gopi vs The Secretary

Type Court Judgment Court Kerala Decided Mar 28, 2014

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https://sooperkanoon.com/case/1136701

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Citation: sooperkanoon.com/1136701
Court: Kerala High Court
Judge: Honourable Mr. Justice a.V.Ramakrishna Pillai
Decided On: Mar 28, 2014
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

P.Gopi

Respondent

The Secretary

Excerpt

.....he alleges that he is entitled to the waiver of the entire amount under the agricultural debt waiver and debt relief scheme introduced by the central government. as the petitioner did not repay the amount, the respondent bank initiated recovery action. even though he filed ext.p2 representation before the 3rd respondent, the same was not considered so far. it in in this context the petitioner has approached this court.3. this court, by interim order dated 28.05.2012, granted an interim stay of ext.p1 on condition that the petitioner should pay or deposit an amount of ` 20,000/- on or before the sale w.p.(c) no. 12213/2012 :2. : which was notified and a further amount of ` 20,000/- before 30.06.2012.4. considering the entire facts and circumstances of the case, this court is of the definite view that the petitioner can be permitted to clear off his entire liability in certain instalments. therefore, this writ petition is disposed of permitting the petitioner to pay off the entire outstanding dues as on today together with future interest in twelve equal monthly instalments starting from 15.04.2014. it is hereby made clear that if the petitioner fails in remitting the two instalments consecutively, it shall be open to the respondent bank to proceed with the recovery action. it is also made clear that this judgment will not stand in the way of the parties in arriving at at one time settlement, if such a scheme is available. sd/- a. v. ramakrishna pillai, judge. rv w.p.(c) no. 12213/2012 :3. :

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI FRIDAY, THE28H DAY OF MARCH20147TH CHAITHRA, 1936 WP(C).No. 12213 of 2012 (B) ---------------------------- PETITIONER: -------------- P.GOPI, S/O. KORAN, KARAKOTT, KOLATHUMGAL HOUSE KANHIRAPOYIL P.O., KASARAGOD. BY ADVS.SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENTS: ----------------- 1. THE SECRETARY THE HOSDURG PRIMARY CO-OP AGRICULTURAL & RURAL DEVELOPMENT BANK LTD. KANHANGAD, P.O.KANHANGAD, KASARAGOD DISTRICT - 688 001.

2. THE JOINT REGISTRAR OF CO-OPERATIVES SOCIETIES GENERAL CIVIL STATION, KASARGAGOD.

3. THE SPECIAL SALE OFFICER/SENIOR INSPECTOR THE HOSDURG PRIMARY CO-OP AGRICULTURAL & RURAL DEVELOPMENT BANK LTD. KANHANGAD, P.O. KANHANGAD, KASARAGOD DISTRICT - 688 001. R2 BY ADV. SRI. R. RANJITH, GOVERNMENT PLEADER R1 BY ADV. SRI.V.G.ARUN R1 BY ADV. SRI.T.R.HARIKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2803-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 12213 of 2012 (B) :

2. : APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : PHOTO COPY OF THE SALE NOTICE DATED2304.2012. EXT.P2 : PHOTO COPY OF THE REPRESENTATION BEFORE THE3D RESPONDENT DATED2505.2012. EXT.P3 : PHOTOCOPY OF THE DEBT WAIVER AND DEBT RELIEF SCHEME. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rv A.-W.P.(C). V. RAMAKRISHNA PILLAI, J.

- - - - - - - - - - - -2012- - - - Dated-this the -28th day of March, 2014. - - - -No.-12213-of- - - - - - - - JUDGMENT

Aggrieved by the coercive action initiated by the respondent bank against the petitioner for recovery of a loan amount, the petitioner has come up before this Court.

2. The petitioner has availed a loan of ` 1,00,000/- from the respondent Bank in the year 2001. He has repaid `40,000/- towards the loan amount. But, due to financial stringency, he could not repay the balance amount in time. He alleges that he is entitled to the waiver of the entire amount under the Agricultural Debt Waiver and Debt Relief Scheme introduced by the Central Government. As the petitioner did not repay the amount, the respondent Bank initiated recovery action. Even though he filed Ext.P2 representation before the 3rd respondent, the same was not considered so far. It in in this context the petitioner has approached this Court.

3. This Court, by interim order dated 28.05.2012, granted an interim stay of Ext.P1 on condition that the petitioner should pay or deposit an amount of ` 20,000/- on or before the sale W.P.(C) No. 12213/2012 :

2. : which was notified and a further amount of ` 20,000/- before 30.06.2012.

4. Considering the entire facts and circumstances of the case, this Court is of the definite view that the petitioner can be permitted to clear off his entire liability in certain instalments. Therefore, this writ petition is disposed of permitting the petitioner to pay off the entire outstanding dues as on today together with future interest in twelve equal monthly instalments starting from 15.04.2014. It is hereby made clear that if the petitioner fails in remitting the two instalments consecutively, it shall be open to the respondent bank to proceed with the recovery action. It is also made clear that this judgment will not stand in the way of the parties in arriving at at one time settlement, if such a scheme is available. sd/- A. V. RAMAKRISHNA PILLAI, JUDGE. rv W.P.(C) No. 12213/2012 :

3. :

Same Court & Year Kerala · 2014 Same Parties P.Gopi vs The Secretary Same Subject Land Acquisition Same Judge Honourable Mr. Justice a.V.Ramakrishna Pillai