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2025 DAILYLAW 3689 (KER)

SHEEBA v. STATE OF KERALA

WP(C)/6594/2025 · 2025-04-02

Murali Purushothaman

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:28133 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 WP(C) NO. 6594 OF 2025 PETITIONER: SHEEBA AGED 50 YEARS W/O VIJAYAN, PUTHAMPULLY HOUSE, VATANAPPALLY, THRISSUR, PIN – 680 614. BY ADV DILIP J. AKKARA RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OF LAND REVENUE, SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001. 2 KERALA STATE CO-OPERATIVE BANK(KERALA BANK) KERALA STATE CO-OPERATIVE BANK (KERALA BANK), VATANAPPALLY BRANCH, VATANAPPALLY, THRISSUR, REPRESENTED BY BRANCH MANAGER., PIN – 680 614. 3 DEPUTY TAHSILDAR (R.R.), CHAVAKKAD, OFFICE OF THE THASILDAR, CHAVAKKAD, THRISSUR, PIN – 680 506. BY ADVS. K.S.ARUN KUMAR RESMI THOMAS, GOVERNMENT PLEDER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.6594 OF 2025 : 2 : 2025:KER:28133 JUDGMENT The loan availed by the petitioner from the 2nd respondent Bank fell in arrears. The Bank initiated revenue recovery proceedings. Ext.P2 demand notices were issued by the 3rd respondent at the instance of the 2nd respondent under the Kerala Revenue Recovery Act, 1968. Challenging Ext.P2, the petitioner has filed this writ petition. The petitioner has also sought for a direction to the respondents to permit her to pay the defaulted amount in instalments. 2. When the writ petition came up for consideration today, Adv. K.S. Arun Kumar, the learned Standing Counsel for the Bank submitted that an amount of Rs.2,84,869/- is overdue in the loan account and the WP(C) NO.6594 OF 2025 : 3 : 2025:KER:28133 petitioner can be permitted to pay the said amount in reasonable instalments. 3. The learned Counsel for the petitioner submits that the petitioner may be permitted to pay the overdue amount in 12 equal monthly instalments. 4. In the facts and circumstances of the case, this writ petition is disposed of with the following directions:- a) The petitioner shall pay the overdue amount of Rs.2,84,869/- along with accrued interest and applicable charges in 12 equal monthly instalments commencing from 02.05.2025. The instalments as above shall be payable in addition to the regular EMIs. WP(C) NO.6594 OF 2025 : 4 : 2025:KER:28133 b) If the petitioner defaults payment of any of the instalments, it will be open to the Bank to proceed against her in accordance with law. c) To enable the petitioner to pay the amount in instalments as aforesaid, all coercive proceedings against the petitioner shall stand deferred. Sd/- MURALI PURUSHOTHAMAN JUDGE SRJ WP(C) NO.6594 OF 2025 : 5 : 2025:KER:28133 APPENDIX OF WP(C) 6594/2025 PETITIONER’S EXHIBITS EXHIBIT P-1 PHOTOCOPY OF 1ST PAGE OF LOAN PASS BOOK NO.80011293340 DATED 14-08-17 ISSUED BY 2ND RESPONDENT. EXHIBIT P-2 PHOTOCOPY OF R.R. NOTICE NO.2024/21991/08 DATED 01-01-2025 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P-3 PHOTOCOPY OF RECEIPT DATED 28-01-25 ISSUED BY 2ND RESPONDENT FOR A SUM OF RS. 30,000/- FROM PETITIONER.