High Court of KeralaWP(C)/22607/2015disposed of

Mohandas N.C. v. The District Collector

2015-08-12Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 12TH DAY OF AUGUST 2015/21ST SRAVANA, 1937 WP(C).No. 22607 of 2015 (A) ---------------------------- PETITIONER(S):

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1. MOHANDAS N.C., AGED 67 YEARS, S/O.CHINNAN, NHARAKKODE HOUSE, MANKARA POST, PALAKKAD DISTRICT - 678 613.

2. MISS. APARNADAS N.M, AGED 25 YEARS, D/O.MOHANDAS N.C., NHARAKKODE HOUSE, MANKARA POST, PALAKKAD DISTRICT - 678 613.

BY ADVS.SRI.N.M.MADHU SMT.C.S.RAJANI RESPONDENT(S):

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1. THE DISTRICT COLLECTOR, PALAKKAD DISTRICT, CIVIL STATION, PALAKKAD - 678 001.

2. THE SPECIAL TAHSILDAR (RR), PALAKKAD TALUK, PALAKKAD - 678 001.

3. THE VILLAGE OFFICER, MANNUR VILLAGE OFFICE, PALAKKAD DISTRICT -678 642.

4. THE STATE BANK OF TRAVANCORE, PATHIRIPALA BRANCH - 678 001, REPRESENTED BY THE BRANCH MANAGER.

R1 TO R3 BY GOVERNMENT PLEADER SMT.M.T.SHEEBA R4 BY SRI.T.SETHUMADHAVAN (SENIOR ADVOCATE) SRI.K.JAYESH MOHANKUMAR, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 22607 of 2015 (A) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- EXT.P-1:

TRUE COPY OF THE DRAFT LETTER DATED 20.10.2010 ISSUED BY THE FOURTH RESPONDENT TO THE PETITIONERS.

EXT.P-2:

TRUE COPY OF THE LETTER ISSUED BY THE FOURTH RESPONDENT TO THE PETITIONERS.

EXT.P-3:

TRUE COPY OF THE PLAINT IN O.S.NO.313/2015 FILED BY THE RESPONDENT BEFORE THE MUNSIFF COURT, PALAKKAD. EXT.P-4:

TRUE COPY OF THE NOTICE UNDER SEC.7 OF THE REVENUE RECOVERY ACT.

EXT.P-5:

TRUE COPY OF THE NOTICE UNDER SEC.34 OF THE REVENUE RECOVERY ACT.

RESPONDENT(S)' EXHIBITS:

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

A. MUHAMED MUSTAQUE, J --------------------------------------------------- W.P.(C).No. 22607 of 2015 --------------------------------------------------- Dated this the 12th day of August, 2015

JUDGMENT

The petitioners have approached this Court challenging revenue recovery proceedings. The 2nd petitioner has availed an educational loan from the 4th respondent-Bank. The only prayer before this Court is that she may be given instalment facility to discharge the entire liability.

2. According to the Bank, the total liability of the petitioner is around Rs.5,45,000/-.

3. Considering the facts and circumstances, the following directions are issued :

i) The petitioners shall remit Rs.50,000/- within one month from today.

ii) Thereafter, the petitioners shall remit Rs.10,000/- for a period of eight months.

iii) And in the month thereafter, the petitioners shall discharge the entire balance amount in lump sum.

W.P.(C).No. 22607 of 2015 -2iv) If the petitioners commit default in remitting any one of the instalments, the respondent-Bank is free to proceed against the petitioners.

The writ petition is disposed of as above. No costs. Sd/- A. MUHAMED MUSTAQUE, JUDGE bpr