Kerala High Court
Firos Khan R., S/O.Rafia Beevi vs The Kerala State Financial Enterprises ... on 5 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
WP(C) NO. 2740 OF 2024
PETITIONER:
FIROS KHAN R.,
S/O.RAFIA BEEVI
AGED 46 YEARS
RESIDING AT VENGAVILA VEEDU, ERAPPIL, MANCODE P.O.,
KOLLAM, PIN - 691559
BY ADVS.
B.MOHANLAL
P.S.PREETHA
ASWIN V. NAIR
AJAY S. KOSHY
JAYAPRABHA ARJUN
BLESSY MARY SEBASTIAN
RESPONDENTS:
1 THE KERALA STATE FINANCIAL ENTERPRISES LIMITED
REGISTERED OFFICE BHADRATHA, P.B.NO:510, MUSEUM ROAD,
CHEMBUKKAVU P.O., THRISSUR, PIN - 680020
2 THE BRANCH MANAGER
THE KERALA STATE FINANCIAL ENTERPRISES LIMITED, MEDICAL
COLLEGE BRANCH, MEDICAL COLLEGE P.O.,
THIRUVANANTHAPURAM, PIN - 695011
3 THE ASSISTANT EDUCATIONAL OFFICER
GENERAL EDUCATION DEPARTMENT, ANCHAL P.O.,
KOLLAM, PIN - 691306
4 SRI.HAREES A.
THE HEADMASTER, GOVERNMENT L.P.S., VENCHEMBU P.O.,
PUNALUR, KOLLAM, PIN - 691333
5 SMT.NASEERA BEEGUM B.
AGRICULTURAL OFFICER, KRISHI BHAVAN, ARUVAPPALAM,
PATHANAMTHITTA, PIN - 689691
BY ADVS.
BINDU MOHAN
SHINE N.S
SRI.P.C.ANILKUMAR - SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 2740 OF 2024 2
JUDGMENT
When this matter was called today, Sri.P.C.Anilkumar - learned Standing Counsel for respondents 1 and 2 - Kerala State Financial Enterprises Ltd. (KSFE), submitted that, the total outstanding amount in the chitty account of the petitioner, as on 05.04.2024 is Rs.2,64,430/-; and that if he is willing to pay the same in not more than 10 equal monthly installments, his client will not stand in the way of this Court disposing of this writ petition on such terms.
2. Sri.Mohan Lal B. - learned counsel for the petitioner, fully agreed to the afore and prayed that this writ petition be thus ordered.
In the afore circumstances, I allow this writ petition, granting liberty to the petitioner to pay the total outstanding amount in the chitty account, namely, Rs.2,64,430/- as on 05.04.2024, with all applicable charges and interest, in 10 equal monthly installments commencing from 15.05.2024. If this is done, the KSFE shall close the chitty account of the petitioner.
Needless to say, as long as the petitioner pays as per the above directions, all further action pursuant to Exts.P2 and P3 will stand deferred; but if he defaults payment of two consecutive installments as ordered above, the KSFE will be at full liberty to invoke appropriate WP(C) NO. 2740 OF 2024 3 remedies for recovery of the total balance amount as per law, without having to obtain any further orders from this Court.
Sd/-
DEVAN RAMACHANDRAN JUDGE MC/5.4 WP(C) NO. 2740 OF 2024 4 APPENDIX OF WP(C) 2740/2024 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE RELEVANT PAGES OF THE CHITTY PERSONAL LEDGER MAINTAINED BY THE 2ND RESPONDENT DATED 21/12/2023 IN THE NAME OF THE PETITIONER Exhibit P2 THE TRUE COPY OF THE NOTICE NO:093/79/2020/164 DATED 17/11/2023 ISSUED BY THE 2ND RESPONDENT TO THE 4TH RESPONDENT Exhibit P3 THE TRUE COPY OF THE NOTICE NO:AEOACL/2010/2023-B DATED 12/12/2023 ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT Exhibit P4 THE TRUE COPY OF THE RECEIPTS DATED 10/11/2023 AND 21/12/2023 EVIDENCING THE PAYMENT OF THE AMOUNT BY THE PETITIONER TO THE 2ND RESPONDENT