ANEESH @ ANISH T.K v. THE DISTRICT COLLECTOR, THRISSUR
WP(C)/10183/2025 · 2025-03-28
Murali Purushothaman
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 4541 (KER) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4541 (KER) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:KER:27338 WP(C) No.10183 of 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN FRIDAY, THE 28 TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WP(C) NO. 10183 OF 2025 PETITIONER:
ANEESH @ ANISH T.K AGED 54 YEARS S/O KUMARAN , THEKKOOTTU HOUSE, VELUPADAM, VARANDARAPPILLY VILLAGE, CHALAKUDY TALUK, THRISSUR., PIN - 680303 BY ADV RAJESH CHAKYAT RESPONDENTS: 1 THE DISTRICT COLLECTOR, THRISSUR CIVIL STATION, AYYANTHOLE, THRISSUR, PIN - 680003 2 THE DEPUTY THASILDAR (RR) CHALAKUDY TALUK, CHALAKUDY, THRISSUR ., PIN - 680307 3 THE VILLAGE OFFICER VARANDARAPPILLY VILLAGE, VARANDARAPPILLY P.O., THRISSUR, PIN - 680303 4 THE GENERAL MANAGER THE KERALA STATE CO OPERATIVE BANK LTD, SHAKARANA SATHABDHI MANDIRAM, TUDA ROAD, KOVILAKATHUM PADAM, THIRUVANMBADY .P.O., THRISSUR, PIN - 680022 5 THE KERALA STATE CO OPERATIVE BANK (KERALA BANK) VARANDARAPPILLY BRANCH, VARANDARAPPILLY, THRISSUR :
REPRESENTED BY ITS MANAGER, PIN - 680303 BY ADV K.S.ARUN KUMAR, SC. SMT.MABLE C.KURIAN, SR.GOT. PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:27338 WP(C) No.10183 of 2025 2 JUDGMENT The loan availed by the petitioner from the 5 th respondent Bank fell in arrears. The Bank initiated proceedings under the SARFAESI Act. Ext.P1 is the notice issued under Section 13(4) of the SARFAESI Act. Later, the Bank initiated revenue recovery proceedings. Ext.P3 is the notice issued to the petitioner under the Kerala Revenue Recovery Act, 1968. Challenging Ext.P3, the petitioner has filed this writ petition. The petitioner has also sought for a direction to the Bank to permit him to pay the entire dues in 25 equal monthly instalments. 2. Sri.K.S.Arunkumar, the learned Standing Counsel for the Bank submits that an amount of Rs.1,83,539/- is overdue in the loan account of the petitioner and the 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 8 equal monthly instalments. 4. In the facts and circumstances of the case, there will be a direction to the petitioner to pay the overdue amount of
2025:KER:27338 WP(C) No.10183 of 2025 3 Rs.1,83,539/- in 8 equal monthly instalments commencing from 02.05.2025, along with accrued interest and applicable charges. The instalments as above shall be payable in addition to the regular EMIs.
If the petitioner defaults payment of any of the instalments, it will be open to the Bank to proceed against him for recovery of the amount, in accordance with law. To enable the petitioner to repay the amount in instalments as above, all coercive proceedings against him pursuant to Ext.P3 shall stand deferred. The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE smp
2025:KER:27338 WP(C) No.10183 of 2025 4 APPENDIX OF WP(C) 10183/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE NOTICE DATED 09.08.2024 ISSUED BY THE RESPONDENT BANK Exhibit P2 A TRUE COPY OF THE REPRESENTATION DATED 02.09.2024 Exhibit P3 A TRUE COPY OF THE REVENUE RECOVERY NOTICE DATED 27.01.2025 ISSUED BY THE 2ND RESPONDENT Exhibit P4 A TRUE COPY OF THE POSTAL RECEIPT DATED 07.03.2025