Indran S vs the District Collector

Indran S vs The District Collector

Type Court Judgment Court Kerala Decided Mar 28, 2025

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https://sooperkanoon.com/case/1280366

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Citation: sooperkanoon.com/1280366
Court: Kerala High Court
Judge: Honourable Mr.Justice Murali Purushothaman
Decided On: Mar 28, 2025
Case Number: WP(C)/12986/2025
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

Indran S

Respondent

The District Collector

Excerpt

.....issued under section 34 of the act. challenging exts.p1and p2, the petitioner has filed this writ petition. the petitioner has also sought for a direction to the 4th respondent to permit him to pay the dues in installments.2. sri.p.c.sasidharan, the learned counselfor the bank, on instructions, submits that, as on today [27.03.2025], an amount of rs.6,36,758/- is outstanding in the loan account wp(c) no.12986 of 2025 4 of the petitioner and that he can be permitted to pay the said amount in reasonable installments.3. the learned counsel for the petitioner submits that the petitioner may be permitted to pay the outstanding amount in 18 equal monthly installments.4. in the facts and circumstances of the case, there will be a direction to thepetitioner to pay the outstanding amount of rs.6,36,758/- in 18 equal monthly installments commencing from 02.05.2025, along with accrued interest and applicable charges.5. if the petitioner defaults payment of any of the installments, it will be open to the respondents to proceed against him for recovery of the amount, in accordance with law. to enable wp(c) no.12986 of 2025 5 the petitioner to repay the amount in installments as above, all coercive proceedings against him pursuant to exts.p1 and p2 shall stand deferred.the writ petition is disposed of. sd/- murali purushothaman judge sp/29/03/2025 wp(c) no.12986 of 2025 6 appendix of wp(c) 12986/2025 petitioner exhibits exhibit -p1 a true copy of the demand notice no. the 2nd respondent exhibit -p2 a true copy of the demand notice no. the 2nd respondent

Full Judgment

WP(C) No.12986 of 2025 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WP(C) NO.12986 OF 2025 PETITIONER: INDRAN S., AGED 67 YEARS, S/O.SIVARAMAN, EDAYILA VEEDU, VATTAMONTHARA, KUDAVATOOR P.O., ODANAVATTOM, KOLLAM DISTRICT, PIN - 691512 BY ADVS. K.V.ANIL KUMAR RADHIKA S.ANIL NIJAZ JALEEL RESPONDENTS: 1 THE DISTRICT COLLECTOR COLLECTORATE, KOLLAM DISTRICT, PIN - 691013 2 THE DEPUTY TAHSILDAR (RR), TALUK OFFICE, KOTTARAKKARA KOLLAM DISTRICT, PIN - 691506 3 THE VILLAGE OFFICER, VELIYAM VILLAGE OFFICE, KOLLAM DISTRICT, PIN - 691540 4 KERALA STATE CO-OPERATIVE BANK (KERALA BANK) REPRESENTED BY ITS AREA MANAGER, VELIYAM, KOLLAM DISTRICT, PIN - 691540 WP(C) No.12986 of 2025 2 5 THE BRANCH MANAGER KERALA STATE CO-OPERATIVE BANK (KERALA BANK), VELIYAM BRANCH, KOLLAM DISTRICT, PIN - 691540 BY ADVS.SHEEJA C.S., SR.GP P.C.SASIDHARAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No.12986 of 2025 3

JUDGMENT

The loan availed by the petitioner from the 4th respondent Kerala Bank fell in arrears. The Bank initiated revenue recovery proceedings. Ext.P1 is the revenue recovery demand notice under Section 7 of the Kerala Revenue Recovery Act, 1968 [for short, ‘the Act’] and Ext.P2 is the demand notice prior to attachment issued under Section 34 of the Act. Challenging Exts.P1

and P2, the petitioner has filed this writ petition. The petitioner has also sought for a direction to the 4th respondent to permit him to pay the dues in installments.

2. Sri.P.C.Sasidharan, the learned Counsel

for the Bank, on instructions, submits that, as on today [27.03.2025], an amount of Rs.6,36,758/- is outstanding in the loan account WP(C) No.12986 of 2025 4 of the petitioner and that he can be permitted to pay the said amount in reasonable installments.

3. The learned Counsel for the petitioner submits that the petitioner may be permitted to pay the outstanding amount in 18 equal monthly installments.

4. In the facts and circumstances of the case, there will be a direction to the

petitioner to pay the outstanding amount of Rs.6,36,758/- in 18 equal monthly installments commencing from 02.05.2025, along with accrued interest and applicable charges.

5. If the petitioner defaults payment of any of the installments, it will be open to the respondents to proceed against him for recovery of the amount, in accordance with law. To enable WP(C) No.12986 of 2025 5 the petitioner to repay the amount in installments as above, all coercive proceedings against him pursuant to Exts.P1 and P2 shall stand deferred.

The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE sp/29/03/2025 WP(C) No.12986 of 2025 6 APPENDIX OF WP(C) 12986/2025 PETITIONER EXHIBITS Exhibit -P1 A TRUE COPY OF THE DEMAND NOTICE NO. THE 2ND RESPONDENT Exhibit -P2 A TRUE COPY OF THE DEMAND NOTICE NO. THE 2ND RESPONDENT

Same Court & Year Kerala · 2025 Same Parties Indran S vs The District Collector Same Subject Land Acquisition Same Judge Honourable Mr.Justice Murali Purushothaman