Jayakumar vs The Managing Director

Citation : 2021 Latest Caselaw 574 Ker
Judgement Date : 7 January, 2021

Kerala High Court
Jayakumar vs The Managing Director on 7 January, 2021
W.P(c).No.450/2021-E              1


               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

    THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942

                       WP(C).No.450 OF 2021(E)


PETITIONER:

               JAYAKUMAR,
               AGED 50 YEARS
               S/O.RAGHAVAN PILLAI, `PUNARTHAM',
               PERUMKULAM (PP), MYLOM VILLAGE,
               KOTTARAKARA TALUK, KOLLAM DISTRICT.

               BY ADV. SRI.K.V.ANIL KUMAR

RESPONDENTS:

       1       THE MANAGING DIRECTOR
               KERALA STATE FINANCIAL ENTERPRISES LTD.,
               HEAD OFFICE, THRISSUR.

       2       THE SPECIAL DEPUTY TAHSILDAR (RR),
               OFFICE OF SPECIAL DEPUTY TAHSILDAR (RR),
               THE KSFE LTD., CHINNAKKADA, KOLLAM, PIN-691 001.

       3       THE MANAGER, KERALA STATE FINANCIAL ENTERPRISES
               LTD., SDT (REVENUE RECOVERY), REGIONAL OFFICE,
               3RD FLOOR, KSFE BUILDING, CHINNAKKADA P.O.,
               KOLLAM, PIN-691 001.

       4       THE BRANCH MANAGER,
               KERALA STATE FINANCIAL ENTERPRISES LTD.,
               KOTTARAKARA 1, BRANCH, KOLLAM DISTRICT,
               PIN-691 506.

       5       THE BRANCH MANAGER,
               KERALA STATE FINANCIAL ENTERPRISES LTD.,
               KOTTARAKARA 2, BRANCH, KOLLAM DISTRICT,
               PIN-691 506.


               SRI.P.C.ANIL KUMAR, SC, KSFE


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(c).No.450/2021-E                         2




                                       P.V.ASHA, J.
                    -----------------------------------------------------
                               W.P(c) No.450 of 2021 - E
                     ----------------------------------------------------
                        Dated this the 7th day of January, 2020

                                   JUDGMENT

The petitioner, who has joined several chitties with respondents 4 and 5, has filed this Writ Petition aggrieved by the revenue recovery proceedings since the payment was in default.

2. The learned Standing Counsel Sri P.C.Anilkumar on instructions submits that as on today, the amount outstanding from the petitioner is Rs.36,72,000/- (Rupees Thirty six lakhs and seventy two thousand only).

3. The learned counsel for the petitioner submits that he requires instalment facility.

4. Therefore, the Writ Petition is disposed of with the following directions: "The petitioner shall pay off the outstanding amount in 15 equal monthly instalments starting from 05.02.2021 onwards. In that event, the revenue recovery proceedings shall be kept in abeyance. In case the petitioner makes default in payment of any of the instalments, the respondents would be free to proceed with the revenue recovery proceedings."

Sd/- (P.V.ASHA, JUDGE) rtr/ W.P(c).No.450/2021-E 3 APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE NOTICE DATED 22.12.2020 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P2 A TRUE COPY OF THE REQUEST DATED 05.01.2021 BEFORE THE 3RD RESPONDENT.