High Court of KeralaWP(C)/17848/2015disposed of

Sasindran S. v. State Of Kerala

2015-06-15Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 15TH DAY OF JUNE 2015/25TH JYAISHTA, 1937 WP(C).No. 17848 of 2015 (E) ---------------------------- PETITIONER :

------------------ SASINDRAN S., AGED 39 YEARS,APPOOS, 16/478(8) CHIRAKKAD, KUNNATHUMEDU P.O., PALAKKAD 678 013.

BY ADV. SRI.P.K.NIJOY RESPONDENTS :

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

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

2. THE DISTRICT COLLECTOR PALAKKAD 678 001.

3. THE TAHSILDAR (REVENUE RECOVERY) PALAKKAD 678 001.

4. THE VILLAGE OFFICER PALAKKAD 3.

5. THE CANARA BANK SULTANPET BRANCH, PALAKKAD 678 001 REPRESENTED BY ITS BRANCH MANAGER.

R1 TO R4 BY GOVERNMENT PLEADER SMT. M.T. SHEEBA R BY SRI.N.RAJAGOPALAN NAIR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 17848 of 2015 (E) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:

COPY OF THE CERTIFICATE ISSUED BY THE FIRE AND RESCUE OFFICER, PALAKKAD.

EXHIBIT P2:

COPY OF THE NOTICE DATED 4.5.15.

EXHIBIT P3:

COPY OF THE JUDGMENT IN WPC 9004 OF 2015.

RESPONDENT(S)' EXHIBITS :

NIL.

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

A.MUHAMED MUSTAQUE, J.

------------------------------------ W.P.(C) No.17848 of 2015 ----------------------------------- Dated this the 15th day of June, 2015

J U D G M E N T

The petitioner challenges revenue recovery proceedings initiated at the instance of the 5th respondent Bank in this writ petition. He has availed financial assistance from the Bank in the year 2007. Due to default in repaying the amount, the bank initiated recovery proceedings against the petitioner.

2. The only relief of the petitioner before this Court is that, he may be permitted to discharge the liability in equal monthly installments.

3. Considering the fact that, the petitioner has certain other liability and also taking into account the fact that, he is working as an Advocate Clerk, the petitioner is permitted to discharge the entire liability in twelve equal monthly installments starting from 10.07.2015. If two consecutive defaults are made with regard to the monthly installments, the Bank is at liberty to proceed with further steps for recovery in accordance with law. To work out above reliefs, all coercive proceedings against the petitioner shall be kept in abeyance.

This writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE.