Bhaskaran vs the District Collector

Bhaskaran vs The District Collector

Type Court Judgment Court Kerala Decided Jan 30, 2023

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https://sooperkanoon.com/case/1331321

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Citation: sooperkanoon.com/1331321
Court: Kerala High Court
Judge: Honourable Mr. Justice Shaji P.Chaly
Decided On: Jan 30, 2023
Case Number: WP(C)/854/2023

Parties & Advocates

Appellant / Petitioner

Bhaskaran

Respondent

The District Collector

Excerpt

.....the following: w.p.(c) no. 854/2023 :2:shaji p. chaly, j.w.p.(c). no. 854 of 2023 dated this the 30th day of january, 2023.judgmentthe petitioner has filed this writ petition challenging the revenue recovery action initiated by the state bank of india, chakkittapara branch, kozhikode district, additional respondent no.4, against him on account of a loan transaction.2. even though various contentions are raised, the learnedcounsel for the petitioner submitted that the petitioner may be permitted to pay off the outstanding loan amount covered by exhibit p1 notice issued by the second respondent under section 7 of the revenue recovery act, 1890, in 15 equated monthly instalments.3. after having heard the learned counsel for the petitioner sri.mithun p., the learned senior government pleader smt. reshmi k.m and the learned standing counsel for the respondent bank, this writ petition is disposed of permitting the petitioner to pay off the outstanding amounts in 10 equated monthly instalments, starting from 10.02.2023, and the subsequent instalments shall be paid on the corresponding dates of the succeeding months. however, i make it clear that if the petitioner commits default in w.p.(c) no. 854/2023 :3: making any one of the intalments, the bank will be at liberty to proceed in accordance with law and recover the amount in lump. sd/- shaji p. chaly, judge. rv w.p.(c) no. 854/2023 :4: appendix of wp(c) 854/2023 petitioner’s exhibits: exhibit p1 copy of the demand notice issued under section 7 of the revenue recovery act by the 2nd respondent dated 14.12.2022. respondents’ exhibits: nil true copy ps to judge. rv

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE SHAJI P.CHALY MONDAY, THE 30TH DAY OF JANUARY 2023 / 10TH MAGHA, 1944 WP(C) NO. 854 OF 2023 PETITIONER/S: BHASKARAN AGED 68 YEARS, S/O. KUNJIRAMAN, AMBROLIKUNIYIL HOUSE, KOORACHUNDU.P.O, KOORACHUNDU, KOZHIKODE, PIN - 673 527. BY ADVS. MITHUN P. KUMARADHAS J.P. RESPONDENT/S: 1 THE DISTRICT COLLECTOR KOZHIKODE DISTRICT, CIVIL STATION, KOZHIKODE, PIN - 673 020. 2 THE DEPUTY TAHSILDAR REVENUE RECOVERY, KOYILANDY TALUK, 3 THE VILLAGE OFFICER KOORACHUNDU VILLAGE, KOYILANDI TALUK, 4 ADDL.R4 IMPLEADED: STATE BANK OF INDIA CHAKKITTAPARA BRANCH, REPRESENTED BY ITS BRANCH MANAGER, KARIMATTATHIL BUILDING, CHAKKITTAPARA, KOZHIKODE - 673 526.

[ADDL.R4 IS IMPLEADED AS PER ORDER DATED 17.01.2023 IN IA NO.1/2023.] R4 BY SRI. JITHESH MENON, SC SMT. RESHMI K.M., SR. GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 854/2023 :2:

SHAJI P. CHALY, J.

W.P.(C). No. 854 of 2023 Dated this the 30th day of January, 2023.

JUDGMENT

The petitioner has filed this writ petition challenging the revenue recovery action initiated by the State Bank of India, Chakkittapara Branch, Kozhikode District, additional respondent No.4, against him on account of a loan transaction.

2. Even though various contentions are raised, the learned

counsel for the petitioner submitted that the petitioner may be permitted to pay off the outstanding loan amount covered by Exhibit P1 notice issued by the second respondent under Section 7 of the Revenue Recovery Act, 1890, in 15 equated monthly instalments.

3. After having heard the learned counsel for the petitioner Sri.

Mithun P., the learned Senior Government Pleader Smt. Reshmi K.M and the learned Standing Counsel for the respondent Bank, this writ petition is disposed of permitting the petitioner to pay off the outstanding amounts in 10 equated monthly instalments, starting from 10.02.2023, and the subsequent instalments shall be paid on the corresponding dates of the succeeding months. However, I make it clear that if the petitioner commits default in W.P.(C) No. 854/2023 :3: making any one of the intalments, the Bank will be at liberty to proceed in accordance with law and recover the amount in lump. sd/- SHAJI P. CHALY, JUDGE. Rv W.P.(C) No. 854/2023 :4: APPENDIX OF WP(C) 854/2023 PETITIONER’S EXHIBITS: Exhibit P1 COPY OF THE DEMAND NOTICE ISSUED UNDER SECTION 7 OF THE REVENUE RECOVERY ACT BY THE 2ND RESPONDENT DATED 14.12.2022. RESPONDENTS’ EXHIBITS: NIL True Copy PS To Judge. rv

Same Court & Year Kerala · 2023 Same Parties Bhaskaran vs The District Collector Same Judge Honourable Mr. Justice Shaji P.Chaly