Full Judgment
WP(C) NO. 21343 OF 2023 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 20TH DAY OF JULY 2023 / 29TH ASHADHA, 1945 WP(C) NO. 21343 OF 2023 PETITIONER/S: 1 CRIS THOMAS AGED 36 YEARS S/O THOMAS JACOB, KOLLARATH HOUE, KARIKKATTOOR P.O, MANIMALA VILLAGE, KANJIRAPPALLY TALUK, KOTTAYAM DISTRICT, PIN - 686544 2 THOMAS JACOB AGED 65 YEARS S/O CHACKO, KOLLARATH HOUE, KARIKKATTOOR P.O, MANIMALA VILLAGE, KANJIRAPPALLY TALUK, KOTTAYAM DISTRICT, PIN - 686544 BY ADVS. MANU RAMACHANDRAN M.KIRANLAL R.RAJESH (VARKALA) SAMEER M NAIR GEETHU KRISHNAN SAILAKSHMI MENON ABHISHEK JOHNSON RESPONDENT/S: 1 THE DISTRICT COLLECTOR COLLECTORATE, REVENUE DISTRICT OF KOTTAYAM, KOTTAYAM, PIN - 686002 2 DEPUTY TAHASILDAR (REVENUE RECOVERY) TALUK OFFICE, KANJIRAPPALLY TALUK, KOTTAYAM DISTRICT, PIN - 686555
WP(C) NO. 21343 OF 2023 2 3 THE VILLAGE OFFICER MANIMALA VILLAGE, MANIMALA, KOTTAYAM DISTRICT, PIN - 4 THE FEDERAL BANK LTD MANIMALA BRANCH, KOTTAYAM DISTRICT, REPRESENTED BY ITS MANAGER, PIN - 686543
5 THE AUTHORISED OFFICER UNDER SARFAESI ACT THE FEDERAL BANK LTD., MANIMALA BRANCH, KOTTAYAM DISTRICT, PIN - 686543 BY ADVS. Mohan Jacob George P.V.PARVATHY (P-41)(K/000036/1991) REENA THOMAS(R-364) NIGI GEORGE(K/1169/2012) OTHER PRESENT: SMT. VIDYA KURIAKOSE, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 21343 OF 2023 3 P.V.KUNHIKRISHNAN, J --------------------------------------- W.P.(C.) No. 21343 of 2023 -------------------------------------- Dated this the 20th day of July, 2023
JUDGMENT
The above writ petition is filed with following prayers :
1. “To issue a writ of mandamus or any appropriate writ or
direction directing the 2nd respondent to grant easy monthly installments facility to repay the entire arrears in loan vide no. 19506600000132 of Federal Bank, Branch, in the manner fixed by this Hon'ble Court;
2. To issue a writ of Mandamus or any appropriate writ or
order or direction directing the 2nd respondent to keep in
abeyance the proceedings in Exhibit P4 and Exhibit P4(a), during the time the petitioner pays the arrears in installment with the 4th respondent bank, in the interest of justice;
3. To issue a writ of Mandamus or any appropriate writ or
order or direction directing the 1st and 2nd respondents to
consider Exhibit P5 representation as per law at the earliest and within a time frame fixed by this Hon'ble Court, in the interest of justice;
4. To issue a writ of Mandamus or any appropriate writ or WP(C) NO. 21343 OF 2023 4
order or direction directing the respondents 4 & 5 to issue the
entire statement of account of loan vide no. 19506600000132 of Federal Bank, Manimala Branch, at the earliest and within a time frame fixed by this Hon'ble Court, in the interest of justice;
5. Dispense with the filing of English translation of Exhibits in vernacular; And
6. Issue such other orders or directions which deems necessary for the ends of justice and in the circumstances of the case.” [SIC]
2. The petitioner availed a vehicle loan from the 4 th
respondent. Admittedly, there is default in paying the loan amount. Now, Ext.P2 notice is issued for sale of the vehicle. It is the case of the petitioner that as per Ext.P2, the amount due as on 28.03.2023 is Rs.12,10,456/-. Thereafter, the vehicle was sold and the Bank obtained an amount of Rs.5,47,000/- as evident by Ext.P3. The grievance of the petitioner is that even though the balance will be only about Rs.4,75,000/-, now, revenue recovery proceedings is initiated for an amount of Rs.5,09,039/-. Hence, this writ petition.
3. Heard the learned counsel for the petitioner and the WP(C) NO. 21343 OF 2023 5 learned Government Pleader. I also heard the learned Standing Counsel appearing for 4th respondent.
4. The Standing Counsel appearing for the 4th
respondent submitted that the amount due as on today is Rs.5,30,904/-. This is disputed by the counsel for the petitioner. According to the petitioner, the admitted amount is only Rs.4,75,000/-. If that is the case, the petitioner is bound to pay the admitted amount atleast. The petitioner seeks instalment facility to pay that amount. I think an instalment facility can be given to the admitted amount on condition that the petitioner will pay the future interest during the instalment period. As far as the balance amount is concerned, the petitioner is free to submit a representation before the 4th respondent. The counsel for the petitioner relied the judgment of this Court in Ashokan V.P. v. Tahsildar (RR), Vatakara, Kozhikode and others [2020 KHC 2172] regarding the claim of service charge. That question also can be decided by the 4th respondent while deciding the representation. WP(C) NO. 21343 OF 2023 6 Therefore, this writ petition is disposed of with the following directions :
1) The petitioner is allowed to pay the admitted amount of Rs.4,75,000/- in ten equal monthly instalments starting from 16.08.2023.
2) If there is any default of two consecutive instalments, the respondents are free to proceed in accordance with law.
3) If the amount is paid as directed above, the recovery based on Exts.P4 and P4(a) shall be deferred.
4) As far as the disputed amount is concerned, the petitioner is free to submit a representation before the 4 th respondent within one month from today. If such a representation is received, the 4 th respondent will issue a statement of accounts to the petitioner.
5) If such a representation is received as directed above, the 4th respondent will consider the same and pass orders, after giving an opportunity of hearing to the petitioner after adverting to the dictum WP(C) NO. 21343 OF 2023 7 laid down by this Court in Ashokan V.P.'s case (supra) as expeditiously as possible, at any rate, within two months from the date of receipt of the representation.
6) The 4th respondent - Bank is free to collect the future interest also during the instalment period. Sd/- P.V.KUNHIKRISHNAN JUDGE SKS WP(C) NO. 21343 OF 2023 8 APPENDIX OF WP(C) 21343/2023 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE PANCHNAMA DATED 29.12.2022 PREPARED BY THE 5TH RESPONDENT AFTER TAKING OVER THE PETITIONER'S CAR Exhibit P2 THE TRUE COPY OF THE LETTER VIDE NO.KTMB/VBJ/SEPF/2146/2023 DATED 15.02.2023 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONERS Exhibit P3 THE TRUE COPY OF THE LETTER VIDE NO.KTMB/VBJ/SEPF/2146/CRIS THOMAS DATED 30.03.2023 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONERS Exhibit P4 THE TRUE COPY OF THE REVENUE RECOVERY NOTICE VIDE. NO.RRC NO.2023/4823/05 DATED 10.05.2023 UNDER S.7 OF THE RR ACT Exhibit P4 (a) THE TRUE COPY OF THE REVENUE RECOVERY NOTICE VIDE. NO.RRC NO.2023/4823/05 DATED 10.05.2023 UNDER S.34 OF THE RR ACT Exhibit P5 THE TRUE COPY OF THE OBJECTION DATED
21.06.2023 PREFERRED BY THE PETITIONERS UNDER S.34(2) OF THE KERALA REVENUE RECOVERY ACT BEFORE THE 1ST AND 2ND RESPONDENTS WITH COPY TO 3RD RESPONDENT THROUGH EMAIL ON 22.06.2023 Exhibit P5 (a) THE TRUE COPY OF THE RECEIPT VIDE NO.B4/541435/23 DATED 22.06.2023 ISSUED BY THE OFFICE OF 2ND RESPONDENT TO THE PETITIONERS