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High Court of KeralaWP(C)/10999/2015disposed of

Vijayan U.K. v. State Of Kerala

2015-04-06Honourable Dr. Justice A.K.Jayasankaran Nambiar4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR MONDAY, THE 6TH DAY OF APRIL 2015/16TH CHAITHRA, 1937 WP(C).No. 10999 of 2015 (Y) --------------------------------------- PETITIONER(S):

----------------------- VIJAYAN U.K., AGED 54 YEARS, S/O.KUTTAPPAN, ULLATTIPARAMBIL HOUSE, VELLANGALLORE P.O., VADAKKUMKARA VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT.

BY ADVS.SRI.G.SREEKUMAR (CHELUR) SRI.N.L.BITTO RESPONDENT(S):

------------------------- 1.

STATE OF KERALA, REPRESENTED BY SECRETARY TO THE GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2.

THE DISTRICT COLLECTOR, COLLECTORATE, AYYANTHOLE, THRISSUR - 680 001.

3.

THAHASILDAR, MUKUNDAPURAM TALUK OFFICE, CIVIL STATION, IRINJALAKUDA, THRISSUR DISTRICT - 680 001. 4.

VILLAGE OFFICER, VADAKKUMKARA VILLAGE OFFICE, THRISSUR DISTRICT - 680 001.

BY GOVERNMENT PLEADER SRI.SHYSON P. MANGUZHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 10999 of 2015 (Y) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

-------------------------------------- EXT.P1: A TRUE COPY OF THE BASIC TAX RECEIPT NO.7223631 DTD.16.8.2012 ISSUED BY THE VILLAGE OFFICER, VADAKKUMKARA.

EXT.P2: A TRUE COPY OF DEMAND NOTICE D4/2014/11651/8/300 DTD.20.11.2014 ISSUED BY TALUK OFFICE, MUKUNDAPURAM.

RESPONDENT(S)' EXHIBITS:

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

A.K.JAYASANKARAN NAMBIAR, J.

=========================================== W.P.(C). No. 10999 of 2015 ===================================================== Dated this the 6th day of April, 2015

JUDGMENT

The petitioner, who has been served with a Revenue Recovery Notice seeking recovery of amounts confirmed against him by an award of the Motor Accident Claims Tribunal, Ernakulam seeks the grant of installments to discharge the liability. 2.

I have heard the learned counsel appearing for the petitioner as also the learned Government Pleader appearing for the respondents.

3.

On a consideration of the facts and circumstances of the case and the submissions made across the bar, in particular the plea of financial hardship urged on behalf of the petitioner, I dispose the writ petition with the following directions: (i) The total amount due from the petitioner, as discernible from Ext.P2 demand notice, is Rs.1,41,135/- together with accrued interest and other charges. Accordingly, if the petitioner remits the aforesaid amount of Rs.1,41,135/- together with accrued interest in six equal and successive monthly installments commencing from 20.04.2015, then the recovery steps initiated against him by the respondent bank shall be kept in abeyance.

-2W.P.(C). No. 10999 of 2015 (ii) It is 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.

Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE das