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2025 DAILYLAW 6062 (KER)

RAJAN P v. THE DISTRICT COLLECTOR

WP(C)/13252/2025 · 2025-04-01

Murali Purushothaman

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP(C) NO.13252 OF 2025 1 2025:KER:28010 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 WP(C) NO.13252 OF 2025 PETITIONER: RAJAN P., AGED 45 YEARS S/O VELU, PULIYAKATTUTHODI HOUSE, THANIKUNNU, KADAMBOOR P.O., PALAKKAD, PIN – 679515 BY ADVS. SARATH M.S. GOKUL DEVIS ATHUL KRISHNA A. MOHAMMED SHAD K.A. RESPONDENTS: 1 THE DISTRICT COLLECTOR, OFFICE OF THE DISTRICT COLLECTOR, PALAKKAD, PIN - 678001 2 THE DEPUTY TAHSILDAR, OFFICE OF THE DEPUTY TAHSILDAR, OTTAPPALAM TALUK, PALAKKAD, PIN - 678001 3 THE KERALA STATE CO-OPERATIVE BANK LIMITED, PB NO. 21, H.P.O ROAD, SULTANPET, PALAKKAD. REPRESENTED BY ITS AUTHORIZED OFFICER, PIN - 678001 WP(C) NO.13252 OF 2025 2 2025:KER:28010 4 THE AUTHORISED OFFICER REPRESENTED BY KERALA STATE CO-OPERATIVE BANK LTD., PB NO. 21, H.P.O ROAD, SULTANPET, PALAKKAD, PIN – 678001 BY ADVS.K.S.ARUNKUMAR, SC SHEEJA C.S., SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.13252 OF 2025 3 2025:KER:28010 JUDGMENT The loan availed by the petitioner from the 3rd respondent Bank fell in arrears. The Bank initiated recovery proceedings. Ext.P2 demand notices were issued under Sections 7 and 34 of the Kerala Revenue Recovery Act, 1968. The petitioner has filed this writ petition for a direction to the respondents to permit him to pay the outstanding amount in installments. 2. Sri.K.S.Arun Kumar, the learned standing Counsel for the Bank, on instructions, submits that, an amount of Rs.3,38,102/- is overdue in the loan account of the petitioner and that he can be permitted to pay the said amount in reasonable installments. 3. The learned Counsel for the petitioner submits that the petitioner may be permitted to pay the overdue amount in 12 equal monthly installments. WP(C) NO.13252 OF 2025 4 2025:KER:28010 4. In the facts and circumstances of the case, there will be a direction to the petitioner to pay the overdue amount of Rs.3,38,102/- in 12 equal monthly installments commencing from 02.05.2025, along with accrued interest and applicable charges. The installments as above shall be payable in addition to the regular EMIs. 5. If the petitioner defaults payment of any of the installments, it will be open to the respondents to proceed against him for recovery of the amount, in accordance with law. To enable the petitioner to repay the amount in installments as above, all coercive proceedings against him pursuant to Ext.P2 shall stand deferred. The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE sp/02/04/2025 WP(C) NO.13252 OF 2025 5 2025:KER:28010 APPENDIX OF WP(C) 13252/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE DEMAND NOTICE DATED 22.10.2024 FROM THE RESPONDENT BANK TO THE PETITIONER Exhibit P2 A TRUE COPY OF THE REVENUE RECOVERY NOTICE DATED 16.12.2024 FROM THE DEPUTY TAHSILDAR TO THE PETITIONER