Biju v. District Collector
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR WEDNESDAY, THE 23RD DAY OF SEPTEMBER 2015/1ST ASWINA, 1937 WP(C).No. 28829 of 2015 (C) ---------------------------------------- PETITIONER(S):
-------------------------- BIJU AGED 42 YEARS, S/O. KOCHU NANU MOOLAYIL KIZHAKKETHIL, NEENDAKARA PO KOLLAM BY ADV. SRI.SAJU J PANICKER RESPONDENT(S):
---------------------------- 1.
THE DISTRICT COLLECTOR, KOLLAM - 691 013 2.
THE TAHSILDAR, REVENUE RECOVERY, TALUK OFFICE, KARUNAGAPPALLY-691 013 3.
THE AUTHORIZED OFFICER, REVENUE RECOVERY KERALA STATE HOUSING BOARD, KARUNAGAPPALLY BRANCH, KOLLAM- 691 013 4.
THE VILLAGE OFFICER, NEENDAKARA VILLAGE, KOLLAM - 691 013 R BY GOVERNMENT PLEADER, SRI. LILLY K.T.
R BY SRI.GEORGE BOBAN, SC, K.S.H.B.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 28829 of 2015 (C) ---------------------------------------- APPENDIX PETITIONER'S EXHIBITS:- -------------------------------------- EXHIBIT P1 TRUE COPY OF THE RECEIPTS SHOWING THE PAYMENT OF THE AMOUNT EXHIBIT P2 TRUE COPY OF THE SALE NOTICE DATED 24.08.2015 ISSUED BY THE 3RD RESPONDENT.
RESPONDENT'S EXHIBITS:- --------------------------------------- NIL // True copy // PA to Judge das
A.K.JAYASANKARAN NAMBIAR, J.
=========================================== W.P.(C). No. 28829 of 2015 ===================================================== Dated this the 23rd day of September, 2015
JUDGMENT
The petitioner's father, who had availed a loan from the respondent board, defaulted in repayment of the same. Consequently, the respondent board initiated proceedings under the Kerala Revenue Recover Act, to recover the loan amounts. Ext.P2 is the notice issued to the petitioner under the Revenue Recovery Act. In the writ petition, the petitioner impugns the steps initiated by the respondent board for recovery of the loan amounts. 2.
I have heard the learned counsel appearing on behalf of the petitioner as also the learned Standing Counsel appearing on behalf of the respondents.
3.
On a consideration of the facts and circumstances of the case and the submissions made across the bar, I note that the sole prayer of the petitioner is to permit him to remit the balance amounts outstanding to the board in easy installments. Taking into account the plea of financial hardship raised by the petitioner, I dispose the writ petition with the following directions:- (i) The total outstanding amount, in respect of the loan, is stated to be Rs.1,65,297/- together with
-2W.P.(C). No. 28829 of 2015 accrued interest. Accordingly, if the petitioner remits the aforesaid amount of Rs.1,65,297/- together with accrued interest in six equal and successive monthly installments commencing from 15.10.2015, then the recovery steps initiated against him by the respondent board shall be kept in abeyance.
(ii) It is made clear that if the petitioner commits a default in respect of any of the installments, he will lose the benefit of this judgment and the respondent board will be free to continue the recovery proceedings against him from the stage at which they presently stand.
Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE das