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High Court of KeralaWP(C)/5931/2015disposed of

Radhakrishnan.K.R v. The District Collector

2015-03-27Honourable Dr. Justice A.K.Jayasankaran Nambiar4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY, THE 27TH DAY OF MARCH 2015/6TH CHAITHRA, 1937 WP(C).No. 5931 of 2015 (N) --------------------------- PETITIONER(S):

-------------------------- RADHAKRISHNAN.K.R, AGED 45 YEARS S/O.LATE RAMAN, PROPRIETOR, SREERAG ENGINEERING WORKS KUTHIPPUZHA, MES COLLEGE P.O., MANNARKKAD PALAKKAD DISTRICT.RESIDING AT KOZHIKOTTIL HOUSE MALIKUNNU, THIRUVIZHAMKUNNU PO, ALANALLUR VIA PALAKKAD DISTRICT, PIN - 678 601.

BY ADVS.SRI.SAJAN VARGHEESE K.

SRI.LIJU. M.P RESPONDENT(S):

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

1. THE DISTRICT COLLECTOR PALAKKAD 678 601

2. THE DEPUTY TAHSILDAR (REVENUE RECOVERY) TALUK OFFICER, MANNARKKAD, PALAKKAD DISTRICT 678601

3. THE VILLAGE OFFICER ALANALLUR-I VILLAGE, ALANALLUR P.O., MANNARKKAD TALUK PALAKKAD DISTRICT, PIN - 678 601.

4. THE VILLAGE OFFICER, KOTTOPPADAM-I VILLAGE, KOTTOPPADAM P.O., MANNARKKAD TALUK, PALAKKAD DISTRCIT, PIN - 678 601.

5. CANARA BANK, MANNARKKAD BRANCH, MANNARKKAD, PALAKKAD DISTRICT, REPRESENTED BY THE BRANCH MANAGER R BY GOVERNMENT PLEADER SMT.SOBHA ANNAMMA EAPPEN R BY SRI.V.B.HARI NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 5931 of 2015 (N) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1- TRUE OCPY OF THE MEMBERSHIP CERTIFICATE ISSUED IN THE YEAR 2004-2005 EXT.P2- TRUE COPY MEMBERSHIP CERTIFICATE ISSUED IN THE YEAR 2008-2009 EXT.P3- TRUE COPY OF THE MEMBERSHIP CERTIFICATE ISSUED IN THE YEAR 2014-2015 EXT.P4- TRUE COPY OF THE STATEMENT MAINTAINED BY THE RESPONDENT NO.5 IN RESPECT OF THE ACCOUNT RELATING TO THE OVERDRAFT FACILITY PROVIDED TO THE PETITIONER EXT.P5- TRUE COPY OF THE DEMAND NOTICE ISSUED UNDER SEC.7 OF THE REVENUE RECOVERY ACT EXT.P6-TRUE COPY OF THE DEMAND NOTICE PRIOR TO ATTACHMENT OF LAND EXT.P7- TRUE COPY OF THE ATTACHMENT NOTICE ISSUED TO THE PETITIONER ON 7.2.2015 RESPONDENT(S)' EXHIBITS:

NIL.

--------------------------------------- //TRUE COPY// P.S. TO JUDGE

A.K.JAYASANKARAN NAMBIAR, J.

------------------------------- W.P.(C).NO.5931 OF 2015 (N) ----------------------------------- Dated this the 27th day of March, 2015

J U D G M E N T

The petitioner, who had availed of an overdraft facility from the respondent bank, defaulted in repayment of the loan amounts. Consequently, the respondent bank initiated proceedings under the Kerala Revenue Recovery Act, hereinafter referred to as the 'RR Act', to recover the loan amounts. Exts.P5, P6 and P7 are the notices issued to the petitioner by the respondent bank. In the writ petition, the petitioner impugns the steps initiated by the respondent bank for recovery of the loan amounts.

2. I have heard the learned counsel appearing for the petitioners as also the learned Standing counsel appearing for the respondent bank.

3. On a consideration of the facts and circumstances of the case and the submissions made across the bar, I note that the sole prayer of the petitioner is to permit him to remit the balance amounts

W.P.(C).No.5931/2015 outstanding to the bank in easy installments. Taking into account the plea of financial hardship raised by the petitioner, I dispose the writ petition with the following directions:- (i) The total overdue amount, in respect of the overdraft facility availed by the petitioner, is stated to be Rs.3,58,420/- together with interest from 1.2.2015 onwards. Accordingly, if the petitioner remits the said amount of Rs.3,58,420/- together with interest from 1.2.2015 onwards in four equal and successive monthly installments commencing from 20.4.2015, and complies with the requirements insisted by the respondent bank for continuing with the overdraft factility, then the further proceedings initiated against him by the respondent bank shall be kept in abeyance.

(ii) It is further made clear that if the petitioner commits a default in respect of any of the installments, he will lose the benefit of this judgment and the respondent bank will be free to continue the recovery proceedings against him from the stage at which they presently stand.

A.K.JAYASANKARAN NAMBIAR JUDGE prp