High Court of KeralaWP(C)/17258/2015disposed of

Vino Paul v. State Of Kerala

2015-06-10Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 10TH DAY OF JUNE 2015/20TH JYAISHTA, 1937 WP(C).No. 17258 of 2015 (F) ---------------------------- PETITIONER :

------------------ VINO PAUL, AGED 36 YEARS, CHAIRMAN & CEO, VISION INDIA CHARITABLE TRUST KEERTHY HOUSE, 13/635 (3), MANKAVU PALAKKAD 678 001 BY ADVS.SRI.SHABU SREEDHARAN SRI.S.VIJAYAN SRI.K.P.UNNIKRISHNAN (ELOOR) SRI.V.N.MOHAN RAJ SMT.RESHMA ABDUL RASHEED RESPONDENTS :

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

1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM 695 001

2. THE DEPUTY TAHASILDAR, REVENUE RECOVERY, ALATHUR, PALAKKAD 678 541

3. THE CHIEF MANAGER, DHANALAKSHMI BANK, SULTHANPET, PALAKKAD 678 581 R1 & R2 BY GOVERNMENT PLEADER SMT. SHEEBA M.T. R3 BY SRI.C.K.KARUNAKARAN,SC,DHANALAKSHMI BAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 17258 of 2015 (F) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1: TRUE COPY OF TH E NOTICE ISSUED BY THE 3RD RESPONDENT DATED 5.11.2014 EXT.P2: THE TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DATED 9.1.2015 EXT.P3: THE TRUE COPY OF THE INTIMATION DATED 24/2/2015 EXT.P4: THE TRUE COPY OF THE REPRESENTATION DATED 13/3/2015 EXT.P5: THE TRUE COPY OF THE REPRESENTATION DATED 13/3/2015 EXT.P6: THE TRUE COPIES OF THE TAX RECEIPT AND THE POSSESSION CERTIFICATED DATED 4/4/2015 RESPONDENT(S)' EXHIBITS :

NIL.

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

A.MUHAMED MUSTAQUE, J.

******************************************************* W.P.(C) No.17258 of 2015 ******************************************************* Dated this the 10th day of June, 2015

JUDGMENT

The petitioner is the Chairman and CEO of Vision India Charitable Trust, engaged in Micro Finance to help the poor people. They have obtained a loan from the third respondent and advanced finance to the poor people. On account of the default committed by the beneficiaries from the petitioner, they were unable to discharge the liability to the Bank. Accordingly, the Bank initiated Revenue Recovery Proceedings. In the meanwhile, the petitioner approached the Government and sought an instalment facility. The Government also granted instalment facility. However, the petitioner did not honour the instalment facility. The petitioner now seeks indulgence of this Court to clear the entire liability with twelve months period by sale of immovable property belong to them.

It is admitted that the petitioner is having a property in Survey No.97/2. The petitioner's case is that they are attempting for private sale to raise the fund for discharging the liability.

W.P.(C) No.17258 of 2015 2 3.

Learned counsel for the Bank opposes the prayers of the petitioner and submits that the petitioner was given loan without obtaining any security.

Considering the activities of the petitioner, I am of the view, the petitioner should be given sufficient time to clear the liability. Therefore, this writ petition is disposed of with the following directions:

The petitioner shall deposit title deed of the property referred in Ext.P6 with the respondent Bank within three weeks.

2. The petitioner is given six months time from today to clear the entire liability.

3. The petitioner shall give an undertaking before the Bank that they will not alienate or transfer the property referred in Ext.P6 without permission from the Bank.

4. The Bank need to release the documents, only in the event the petitioner discharge the entire liability.

5. To work out the above reliefs, revenue recovery proceedings against the petitioner shall be suspended for the period mentioned as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln