IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH WEDNESDAY, THE 17^TH DAY OF JULY 2024 / 26TH ASHADHA, 1946 WP(C) NO. 25422 OF 2024 PETITIONER:

RAHESH IBRAHIMKUTTY ERATTUPARAMBIL AGED 44 YEARS, S/O.RAMLA IBRAHIMKUTTY, ERATTUPARAMBIL HOUSE, KONATHUKUNNU.P.O, THRISSUR NOW RESIDING AT DOOR NO. 306 FLOOR NO.3, AL-RAS-PHARMACY BUILDING, MOHAMMED BIN ZAYED CITY ROAD, AL HAYL FUJAIRAH UNITED ARAB EMIRATES REPRESENTED BY THE POWER OF ATTORNEY HOLDER SMT. ERATTUPARAMBIL RAMLA IBRAHIMKUTTY, W/O. ERATTUPARAMBIL KUNJIMOHAMED IBRAHIMKUTTY, ERATTUPARAMBIL HOUSE, KONATHUKUNNU.P.O, THRISSUR, PIN – 680 123.

BY ADVS.

RAVI KRISHNAN ANJU P.

RESPONDENTS:

1 SPECIAL DEPUTY TAHSILDAR (RR V)

KERALA STATE FINANCIAL ENTERPRISES 2ND FLOOR, SHIVASHAKTHI BUILDING COCHIN DEVASWAM BOARD ROUND NORTH, TRISSUR, PIN – 680 001.

2 AUTHORIZED OFFICER KERALA STATE FINANCIAL ENTERPRISES KODUNGALLUR BRANCH CITY CENTER BUILDING NORTH NADA ,KODUNGALLUR, PIN – 680 668.

BY ADV SHEEJA C.S, GOVERNMENT PLEADER P.C.ANILKUMAR, STANDING COUNSEL FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 17th day of July, 2024 The petitioner is challenging recovery proceedings initiated by the respondents under the Revenue Recovery Act and the Rules framed thereunder.

2. The petitioner states that the respondents have issued an auction notice in respect of the property mortgaged by the petitioner and the auction is scheduled to be held on 17.07.2024. The petitioner could not remit the chitty amounts in time due to financial difficulties and due to health issues. The total liability comes to Rs.26,36,880/-. If the petitioner is granted a breathing time, the entire liability can be cleared.

3. Standing Counsel entered appearance on behalf of the 2^nd respondent and resisted the writ petition. The Standing Counsel submitted that the total liability of the petitioner would be Rs.42,98,409/-, which is inclusive of interest. The petitioner can be granted a breathing time to repay the total outstanding amount in instalments.

4. I have heard the learned Counsel appearing for the petitioner, the learned Government Pleader representing the 1^st respondent and the learned Standing Counsel representing the 2^nd respondent.

5. Taking into consideration the liability of the petitioner and the request made by the petitioner and also the circumstances under which the loan repayment was defaulted, I am inclined to grant the petitioner a breathing time to repay the outstanding amount.

The writ petition is therefore disposed of permitting the petitioner to repay the total outstanding amount of Rs.42,98,409/- as on 17.07.2024 along with accruing interest and other administrative charges, if any, in 18 consecutive and equal monthly instalments. First of such instalments shall be paid on or before 17.08.2024. The petitioner disputes the total liability. If the petitioner makes an application in this regard in the meanwhile, the respondents shall provide a statements of accounts. This will be without prejudice to the directions to repay the amounts in instalments as ordered above. If the petitioner commits single default in making payments as directed above, the respondents will be at liberty to continue with coercive proceedings against the petitioner in accordance with law. If the petitioner pays the instalments as directed above, any coercive proceedings against the petitioner shall stand deferred.

Sd/-

N. NAGARESH JUDGE AMR APPENDIX OF WP(C) 25422/2024 PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE MEDICAL RECORDS OF THE PETITIONER SHOWING THE CARDIAC DISEASE.

Exhibit P2 TRUE COPY OF THE NOTICE ISSUED BY THE

1ST RESPONDENT DATED 25.05.2024.