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2025 DAILYLAW 6321 (KER)

ANILKUMAR K.H v. THE DISTRICT COLLECTOR, ERNAKULAM

WP(C)/13370/2025 · 2025-04-02

Murali Purushothaman

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP(C) NO. 13370 OF 2025 : 1 : 2025:KER:27952 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. 13370 OF 2025 PETITIONER: ANILKUMAR K.H, AGED 30 YEARS NEDUVELIL SOPANAM, LALSALAM ROAD, PONNURUNNI VYTTILA, KOCHI, PIN - 682019 BY ADV RALITZINE MENDEZ RESPONDENTS: 1 THE DISTRICT COLLECTOR, ERNAKULAM KAKKANAD, COLLECTORATE, CIVIL STATION, PIN - 682030 2 THE TAHSILDAR KOCHI TALUK, FORT KOCHI, ERNAKULAM, PIN - 682001 3 THE AUTHORISED OFFICER, CANARA BANK REGIONAL OFFICE, 3RD FLOOR, METRO STATION COMPLEX, M G ROAD, ERNAKULAM, KERALA, PIN - 682035 4 CANARA BANK REPRESENTED BY ITS MANAGER P. B NO.803, SWARAJYA BUILDING, THOPPUMPADY, KOCHI, KERALA, PIN – 683513 R BY SR.GP SRI.V.K.SUNIL R BY SRI.M.GOPIKRISHNAN NAMBIAR, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 13370 OF 2025 : 2 : 2025:KER:27952 JUDGMENT The loan availed by the petitioner from the 4th respondent Bank fell in arrears. At the instance of the Bank, the 2nd respondent initiated recovery proceedings. Ext.P3 is the demand notice and Ext.P4 is the notice prior to attachment issued under Sections 7 and 34 of the Kerala Revenue Recovery Act, 1968. The petitioner has filed this writ petition for direction to the 4th respondent to permit him to clear off the overdue amount in his loan account in equal monthly installments. 2. Heard the learned counsel for the petitioner, learned Government Pleader and Sri.Gopikrishnan Nambiar, learned Standing Counsel for the 4th respondent Bank. WP(C) NO. 13370 OF 2025 : 3 : 2025:KER:27952 3. The learned Standing Counsel for the Bank, on instructions, submits that, the petitioner can be permitted to remit the amount covered by Exts.P3 and P4 in reasonable installments. 4. The learned counsel for the petitioner submits that the petitioner may be permitted to remit the amount covered by Exts.P3 and P4 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 amount covered by Exts.P3 and P4 along with accrued interest and applicable charges in 12 equal monthly installments commencing from 02.05.2025. WP(C) NO. 13370 OF 2025 : 4 : 2025:KER:27952 (2) If the petitioner defaults payment of any of the installments, it will be open to the Bank to proceed against him, for the recovery of the amount in accordance with law. (3) To enable the petitioner to remit the installments, all coercive proceedings against him shall stand deferred. Sd/- MURALI PURUSHOTHAMAN JUDGE SB WP(C) NO. 13370 OF 2025 : 5 : 2025:KER:27952 APPENDIX PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE APPLICATION FOR SYNDVIDYA EDUCATION LOAN SUBMITTED BY THE PETITIONER. Exhibit P2 TRUE COPY PROPERTY TAX RECEIPT ISSUED FROM PALLURUTHY VILLAGE ON 20.07.2012 BEARING NO. 32249/G3224812. Exhibit P3 TRUE COPY OF THE DEMAND NOTICE ISSUED BY 2ND RESPONDENT TO THE PETITIONER DATED 29.01.2025. Exhibit P4 TRUE COPY OF THE NOTICE DATED 18.03.2025 ISSUED TO THE PETITIONERS BY THE 2ND RESPONDENT UNDER SECTION 34 OF THE KERALA REVENUE RECOVERY ACT.