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Judgment
Justice P.R. Ramachandra Menon
APPENDIX
PETITIONERS EXHIBITS:
EXT.P1:
TRUE COPY OF THE NOTICE DATED 10.01.2012 ISSUED BY THE 2ND RESPONDENT.
EXT.P2:
TRUE COPY OF THE ORDER OF THE HONOURABLE MINISTER DATED 11.01.2012
EXT.P3:
TRUE COPY OF THE RECEIPT DATED 10.02.2012 ISSUED BY THE VILLAGE OFFICER.
RESPONDENTS EXHIBITS:
NIL
The petitioner has approached this Court with the following prayers :
(a) Direct respondents 3 and 4 to prepare and furnish to the petitioner the proper statement of her accounts after taking into account the waiver of interest, fix the amount payable per month and permit the petitioner to remit the instalments in terms of Ext. P2 directly to the bank; and
b) pass such other or further relief as this Honourable Court may deem just and fit in the circumstances of the case.
When the matter came up consideration before this Court on 07.08.2012, the following interim order was passed :
The Learned Counsel for the petitioner submits that the dispute is only with regard to the collection charges payable. The Learned Counsel for the respondent Bank submits that pursuant to the RR proceedings the petitioner had approached the Government to grant some instalment and that the petitioner is submitting the amount accordingly to the village authorities. The Learned Counsel for the petitioner seeks for time to get instructions as to the proposed steps to withdraw the writ petition and to pursue the matter before the Bank for effecting the payment directly.
Subsequently, it was submitted on 16.0.8.2012, that some negotiations were being made with the Bank as to the quantum of laibility to be satisfied by the petitioner. The Learned Counsel for the petitioner concedes that no positive result could be achieved, despite the negotiations.
Heard the learned standing counsel for the respondent Bank and the learned Government Pleader for other respondents. In view of the admitted factual position; that there was some default on the part of the petitioner; that the Bank, invoking machinery under the Revenue Recovery Act, proceeded against the petitioner and that the petitioner approached the Government whereupon Ext. P2 order was obtained, enabling the petitioner to clear the entire liability in a phased manner, this Court does not find it as a fit case to call for interference, invoking the discretionary jurisdiction under Article 226 of the Constitution of India. Interference is declined and the writ petition is dismissed.