High Court of KeralaWP(C)/22676/2015disposed of

Prasanna Amma v. The District Collector, Kozhikode

2015-07-30Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 30TH DAY OF JULY 2015/8TH SRAVANA, 1937 WP(C).No. 22676 of 2015 (H) ---------------------------- PETITIONER :

--------------------- PRASANNA AMMA D/O. LEKSHMI AMMA, AGED 53 CHALIL HOUSE, KURUMBRAKAD IYAD AMSOM VEERIAMBRAM DESOM, IYAD P.O., KOILANDY TALUK KOZHIKODE - 673 587.

BY ADVS.DR.V.N.SANKARJEE SRI.V.N.MADHUSUDANAN SMT.C.K.LEKHAMMA SMT.R.UDAYA JYOTHI SRI.PRATHAP S.R.K.

SMT.M.SUSEELA SMT.MARY JOHN SRI.S.SIDHARDHAN RESPONDENT(S) :

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

1. THE DISTRICT COLLECTOR, CIVIL STATION, KOZHIKODE - 673 020.

2. THE TAHSILDAR (RR) CIVIL STATION, KOZHIKODE - 673 020.

3. CANARA BANK, THAMARASSERY BRANCH, KOZHIKODE - 673 573 RPERESENTED BY ITS BRANCH MANAGER.

4. THE SUB REGISTRAR BALUSSERY, KOZHIKODE - 673 612.

5. K. VIJAYAN NAIR, S/O. PARVATHY AMMA, AGED ABOUT 63 CHALIL HOUSE, KURUMBRAKAD IYYAD AMSOM, VEERIAMBRAM DESOM, IYYAD P.O., KOILANDY TALUK, KOZHIKODE - 673 587.

R1, R2 & R4 BY GOVT. PLEADER SMT. M.T. SHEEBA R3 BY ADV. SRI.PAULY MATHEW MURICKEN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 22676 of 2015 (H) ---------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXHIBIT P1 TRUE COPY OF THE SALE DEED NO. 2676/04 DATED 3-11-2004. EXHIBIT P2 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 4.12.2004. EXHBIIT P-3 TRUE COPY OF THE LETTER DATED 3-11-2004 ISSUED BY THE BANK. EXHIBIT P-4 TRUE COPY OF THE MEMORANDUM OF AGREEMENT WITH THE BANK.

EXHBIIT P5 TRUE COPY OF THE STATEMENT OF ACCOUNTS DATED 26-12-2012 ISSUED BY THE BANK.

EXHIBIT P-6 TRUE COPY OF THE PLAINT DATED 10-01-2013 IN OS NO. 62/2013 ON THE FILE OF THE SUB COURT, KOZHIKODE.

EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED 11-04-2012 IN EXT. P-6 SUIT. EXHIBIT P-8 TRUE COPY OF THE ORDER DATED 7--11-2015 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE SETTLEMENT DEED DATED 1-12-2000. RESPONDENT(S)' EXHIBITS : NIL ------------------------------------------------------------------ //TRUE COPY// P.A. TO JUDGE Mn

A. MUHAMED MUSTAQUE, J.

-------------------------------------------- W.P(C). No. 22676 of 2015 ------------------------------------------- Dated this the 30th day of July, 2015

J U D G M E N T

The petitioner is a co-obligant for the land purchase loan availed by the 5th respondent. Petitioner has approached this Court aggrieved by initiation of revenue recovery proceedings as per Ext.P8.

Petitioner's only prayer now before this Court is that, the petitioner may be permitted to discharge the entire liability and the attachment made as per Ext.P8 may be lifted. 3.

It is submitted by the learned counsel for the Bank that the total liability of the petitioner is 11,42,496/- along with ₹ further interest.

Considering the facts and circumstances following directions are issued:

(i) Petitioner shall remit 1,00,000/- within one month from ₹ today.

(ii) Thereafter petitioner shall remit 50,000/- every month for a ₹ period of 5 months and in the 6th month the entire balance amount shall be paid in lump sum.

(iii) If the petitioner approaches the Bank with a buyer, the Bank

WP(c). No.22676 of 2015 will make every endeavor to release the property covered by Ext.P8, on condition that the sale amount will be deposited with the Bank towards the loan arrears.

(iv) If petitioner fails to comply with any one of the conditions the Bank is free to proceed against the petitioner. This writ petition is disposed of.

Sd/- A. MUHAMED MUSTAQUE, JUDGE.