Kerala High Court
Ramesh vs State Of Kerala on 5 February, 2025
Author: Murali Purushothaman
Bench: Murali Purushothaman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
WEDNESDAY, THE 5TH DAY OF FEBRUARY 2025 / 16TH MAGHA, 1946
WP(C) NO.2122 OF 2025
PETITIONER:
RAMESH, AGED 40 YEARS
S/O AITHA, PULIKUTHI HOUSE, MANGALPADY P.O,
MANGALPADY, KASARGOD DISTRICT, PIN - 671324
BY ADVS.
DEEPAK RAJ
GOUTHAMI
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO
THE CO-OPERATION, SECRETARIATE,
THIRUVANANTHAPURAM DISTRICT, PIN - 695001
2 THE DISTRICT COLLECTOR
OFFICE OF THE DISTRICT COLLECTOR, KASARAGOD,
CIVIL STATION, KASARAGOD DISTRICT, PIN - 671001
3 THE AUTHORISED OFFICER, THE KERALA STATE CO-
OPERATIVE BANK, ( KERALA BANK), UPPALA,
MANJESWARAM TAUK, KASARGOD DISTRICT, PIN - 671322
4 THE BRANCH MANAGER, THE KERALA STATE CO-OPERATIVE
BANK (KERALA BANK), UPPALA BRANCH, MANJESWARAM,
KASARGOD DISTRICT, PIN - 671322
BY ADVS.M.SASINDRAN
SHEEJA C.S., SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 05.02.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P(C) No.2122 of 2025 2
2025:KER:9859
JUDGMENT
Petitioner had availed a loan from the Kerala Bank (Bank) in the year 2014. The term of the loan was five years. The petitioner defaulted repayment and the Bank initiated recovery proceedings. Ext.P1 is the revenue recovery demand notice issued by the Revenue Authorities at the instance of the Bank under Section 7 of the Kerala Revenue Recovery Act, 1968. The petitioner has filed this writ petition challenging Ext.P1. The petitioner has also sought for a direction to the 4th respondent to permit him to remit the overdue amount in 24 easy monthly installments and to regularise the loan account.
2. This Court, by order dated 17.01.2025, stayed the recovery proceedings pursuant to Ext.P1 for a period of two weeks.
3. Learned Counsel for the 4th respondent submits that an amount of Rs.9,57,404/- is W.P(C) No.2122 of 2025 3 2025:KER:9859 outstanding in the loan account of the petitioner and that he can be permitted to pay the amount in 15 equal monthly installments.
4. The learned Counsel for the petitioner submits that the petitioner will pay the outstanding amount in 20 equal monthly installments.
In the facts and circumstances of the case, there will be a direction to the petitioner to pay the outstanding amount of Rs.9,57,404/- with accrued interest and payable charges in 15 equal monthly installments commencing from 15.03.2025. If the petitioner defaults payment of any of the installments, it will be open to the 4 th respondent to proceed against him for recovery of the amount, in accordance with law. To enable the petitioner to repay the amount in installments as above, all coercive proceedings against him pursuant to Ext.P1 shall stand deferred.
W.P(C) No.2122 of 2025 4
2025:KER:9859 The writ petition is disposed of.
Sd/-
MURALI PURUSHOTHAMAN JUDGE sp/06/02/2025 W.P(C) No.2122 of 2025 5 2025:KER:9859 APPENDIX OF WP(C) 2122/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE FORM NO. 10 NOTICE DATED 07.12.2024 ISSUED BY THE DISTRICT COLLECTOR BY INVOKING THE PROVISIONS UNDER THE KERALA REVENUE RECOVERY ACT