High Court of KeralaWP(C)/23057/2015disposed of

Anu Vidhyadharan v. Union Bank Of India, Adoor Branch

2015-08-06Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 6TH DAY OF AUGUST 2015/15TH SRAVANA, 1937 WP(C).No. 23057 of 2015 (F) ---------------------------------------- PETITIONER(S) :

-------------------------- ANU VIDHYADHARAN, AGED 40 YEARS, S/O. VIDHYADHARAN, BINU SADANAM, MITHRAPURAM, PARANTHAL, ADOOR, PATHANAMTHITTA, PIN- 689 501. BY ADVS.SRI.K.SHAJ SRI.SAJJU.S RESPONDENT(S) :

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

1. THE UNION BANK OF INDIA, ADOOR BRANCH REPRESENTED BY ITS BRANCH MANAGER, ADOOR, ADOOR TALUK, PATHANAMTHITTA DISTRICT- 689 501.

2. THE DEPUTY TAHSILDAR (REVENUE RECOVERY), ADOOR TALUK, ADOOR, PATHANAMTHITTA DISTRICT- 689 501.

3. THE VILLAGE OFFICER, VILLAGE OFFICE, PERINGANAD- 689 511.

4. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

R1 BY ADV. SRI.A.S.P.KURUP, S.C, UBI R2 TO R4 BY GOVERNMENT PLEADER SMT.M.T.SHEEBA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 23057 of 2015 (F) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS :

---------------------------------------- EXHIBIT-P1:

TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER DATED 13/02/2015 TO HAND OVER VACANT POSSESSION OF THE PROPERTY EXHIBIT-P2:

TRUE COPY OF THE NOTICE UNDER SECTION 7 OF THE REVENUE RECOVERY ACT TO ATTACH THE MOVABLES.

EXHIBIT-P3:

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

EXHIBIT-P4:

TRUE COPY OF THE RECEIPT ISSUED BY THE VILLAGE OFFICER, PERINGANAD DATED 29/06/2015.

RESPONDENT(S)' EXHIBITS :

------------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE.

Msd.

A. MUHAMED MUSTAQUE, J ---------------------------------------------------- W.P.(C).No. 23057 of 2015 ---------------------------------------------------- Dated this the 06th day of August, 2015

JUDGMENT

The petitioner, defaulter to the respondent-Bank was threatened with revenue recovery proceedings. The petitioner availed a housing loan from the respondent-Bank.

2. The learned counsel for the petitioner submits that before the revenue recovery demand, he has paid the overdue amount and the Bank shall also regularise the account.

3. The petitioner submits that under duress he paid the collection charges. The petitioner approached this Court for refund of collection charges collected by the revenue recovery officers. The petitioner also submits that on account of the issue relating to the revenue recovery proceedings, the Bank is also not collecting EMI.

4. The petitioner, in fact, paid the collection charges. There is nothing to indicate that the payment was effected under protest. The collection charges can be collected by the Revenue Recovery Authority, if any, proceedings are initiated for the revenue recovery.

W.P.(C).No. 23057 of 2015 -25. Noting that the petitioner has paid the amount along with interest, the prayer for refund is declined. In that view of the matter, the Bank is directed to accept all EMI from the petitioner and to regularise the account.

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