Extracted from the PDF above. The PDF is authoritative.
WP(C) NO. 8866 OF 2025 : 1 : 2025:KER:29380 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 WP(C) NO. 8866 OF 2025 PETITIONER:
SANTHOSH NP, AGED 44 YEARS S/O BALAN, NALUPURAKKAL HOUSE, MANGALAM PO, TIRUR , MALAPPURAM -, PIN - 676561 BY ADV P.C.ANIL KUMAR RESPONDENTS: 1 DISTRICT COLLECTOR MALAPPURAM COLLECTRATE RD, UP HILL, MALAPPURAM, KERALA, PIN - 676505 2 DEPUTY TAHSILDAR(TIRUR TALUK) 1ST FLOOR, 2ND FLOOR, TIRUR MINI CIVIL STATION BUILDING, TIRUR ,MALAPPURAM DISTRICT- 676101 3 KERALA STATE CO-OPERATIVE BANK LTD (KERALA BANK) TIRUR BRANCH, REPRESENTED BY ITS MANAGER, OPPOSITE CHEMANNUR JEWELLERS, TIRUR BRANCH, TIRUR PO, PIN - 676101 BY ADV GILBERT GEORGE CORREYA R BY SRI.K.S.ARUN KUMAR, SC R BY SR.GP SRI.V.K.SUNIL KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 8866 OF 2025 : 2 : 2025:KER:29380 JUDGMENT The loan availed by the petitioner from the 3rd respondent Bank fell in arrears. The Bank initiated recovery proceedings under the Kerala Revenue Recovery Act, 1968 (for short 'the Act'). Ext.P1 is the demand notice issued to the petitioner under Section 34 of the Act. Challenging Ext.P1, the petitioner has filed this writ petition. He has also sought for direction to the 3rd respondent to permit him to clear off the entire overdue amount in reasonable monthly installments. 2. Sri.K.S.Arun Kumar, the learned counsel for the 3rd respondent submits that, as on 06.03.2025, an amount of Rs.3,68,307/- is overdue in the loan account of the petitioner and the petitioner can be permitted to clear off the overdue amount in
WP(C) NO. 8866 OF 2025 : 3 : 2025:KER:29380 reasonable installments along with regular EMIs. 3. The learned counsel for the petitioner submits that the petitioner may be permitted to pay the overdue amount in 12 equal monthly installments. In the facts and circumstances of the case, this writ petition is disposed of with the following directions: (1) The petitioner shall pay the overdue amount of Rs.3,68,307/- with accrued interest and applicable charges in 12 equal monthly installments commencing from
05.05.2025. (2) The petitioner shall also pay the regular EMIs along with the installments. (3) If the petitioner defaults payment of any of the installments,
WP(C) NO.
8866 OF 2025 : 4 : 2025:KER:29380 it will be open to the respondent to proceed against him for the recovery of amount, in accordance with law. (4) To enable the petitioner to remit the installments, all coercive proceedings against him shall stand deferred. Sd/- MURALI PURUSHOTHAMAN JUDGE SB
WP(C) NO. 8866 OF 2025 : 5 : 2025:KER:29380 APPENDIX PETITIONER EXHIBITS Exhibit P1 A TRUE PHOTOCOPY OF THE NOTICE DATED 25.01.2025 ISSUED BY THE 2ND RESPONDENT