Ajayaraj K. v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY, THE 24TH DAY OF FEBRUARY 2015/5TH PHALGUNA, 1936 WP(C).No. 5649 of 2015 (E) --------------------------- PETITIONER(S):

-------------------------- AJAYARAJ K., AGED 27 YEARS, S/O.RAJENDRAN, NITHYANANDA HOUSE, THALUVIL P.O., PARASSINIKADAVU, KANNUR.

BY ADVS.SRI.G.SREEKUMAR (CHELUR), SRI.K.ASHIS.

RESPONDENT(S):

----------------------------

1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-675 001.

2. THE DISTRICT COLLECTOR, COLLECTORATE, KANNUR-676 001.

3. THE SPECIAL DEPUTY TAHSILDAR, REVENUE RECOVERY, TALUK OFFICE, TALIPARAMBA-670 141.

4. THE VILLAGE OFFICER, ALATHUR, KANNUR-676 001.

5. THE CANARA BANK, KANNAPURAM BRANCH, REP. BY ITS MANAGER, P.O. CHERUKUNNU, KANNUR-676 001.

R1 TO R4 BY SR. GOVT. PLEADER SRI.BIJU MEENATTOOR. R5 BY ADV. SRI.P.GOPINATH MENON, SC.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).No. 5649 of 2015 (E) APPENDIX PETITIONER'S EXHIBITS:- EXT.P1 NOTICE ISSUED TO THE PETITIONER BY THE 5TH RESPONDENT DATED 22/09/2014.

EXT.P2 LAWYER NOTICE ISSUED TO THE PETITIONER DATED 29/10/2014. EXT.P3 COPY OF THE RECOVERY NOTICES ISSUED ON THE PETITIONER DATED 24/01/2015.

RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY// P.A. TO JUDGE rs.

K. VINOD CHANDRAN, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P(C) No. 5649 of 2015 E - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of February, 2015

J U D G M E N T

The petitioner is aggrieved by the proceedings taken against the petitioner's property for settlement of the defaulted amounts, in the loan account availed.

2. Considering the confined prayer made for instalments, it is directed that the proceedings shall be kept in abeyance on condition of the petitioner settling the entire loan in twelve equal monthly instalments. The respondent-Bank shall quantify the dues as on 28.02.2015 and issue a statement of accounts, in accordance with which the instalments shall be paid. The 1st instalment shall be paid on or before 24.03.2015 and thereafter; the due date of instalments falling on the 24th of each succeeding month. If default is committed in two consecutive instalments, then the recovery proceedings shall revive and continue. On the satisfaction of the dues

WPC.No5649/2015 : 2 :

as per the statement, the Bank shall give a statement of the future interest from 28.02.2015 and the same shall be settled as the 13th instalment.

The writ petition stands disposed of as above. No costs.

Sd/- (K. VINOD CHANDRAN, JUDGE) jma //true copy// P.A to Judge