SHIVADASAN T.K. Vs. THE TAHSILDAR

JUDGEMENT

(1.) <FRM>JUDGEMENT_682_LAWS(KER)7_2012.htm</FRM>

(2.) THE petitioner is before this Court challenging the revenue recovery proceedings pursued against the petitioner at the instance of the respondent Bank for realising the amount due under a loan transaction. According to the petitioner, non -repayment was not wilful, but because of some unforeseen circumstances. But, that however does not give any green card to the respondent Bank to invoke the machinery under the Revenue Recovery Act, primarily on the reason that it is not a notified institution as prescribed under Section 71 of the Revenue Recovery Act and further that the nature of the loan does not enable the second respondent Bank to pursue any such exercise. During the course of hearing, the learned counsel for the petitioner submits that, the petitioner does not intend to press the contentions and that the petitioner is ready to satisfy the liability, by remitting the due amount, for which the benefit of some reasonable instalment is sought for. Learned counsel also submits that, there is no dispute as to the extent of liability and if the petitioner makes payment directly to the Bank, the maximum collection charges that can be realised by the revenue authorities in only to an extent of 1% and nothing more, by virtue of the relevant provisions of law and the law declared by the Division Bench of this Court in Malabar Organics Ltd. v. State of Kerala ( : 2009 (4) KLT 328). Learned counsel for the respondent Bank submits that the outstanding amount as on 5.4.2012 is Rs. 2,96,521/ - with further interest and cost. After hearing both the sides, the writ petition is disposed of directing the petitioner to clear the outstanding liability by way of 'ten' equal monthly instalments. The first instalment shall be effected on or before the 10th of August 2012. It will be followed by similar instalments to be effected on or before the 10th of succeeding months. Subject to this, the recovery proceedings shall be kept in abeyance for the time being. If the petitioner commits any default in remitting the amount as above, the respondent Bank will be at liberty to proceed with further steps for realisation of the entire outstanding liability in a lump, pursuing appropriate steps, from the stage where it stands now. The issue with regard to the liability to satisfy collection charges beyond 1% is left open.