Sunitha P vs State Of Kerala

Citation : 2024 Latest Caselaw 10943 Ker
Judgement Date : 12 April, 2024

Kerala High Court

Sunitha P vs State Of Kerala on 12 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 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
                       WP(C) NO. 15799 OF 2024
PETITIONER:

          SUNITHA P, AGED 44 YEARS,
          W/ O. CHANDRAMANI, PULAKKATT HOUSE
          MAKKARAPARAMBA, MANKADA PALLIPPUAM,
          PIN - 679324.

          BY ADV B.RAJEEV KOYICKAL


RESPONDENTS:

    1     STATE OF KERALA
          REP. BY THE CHIEF SECRETARY GOVT. SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 682031.

    2     THE MANAGER
          KSFE, MAKKARAPARAMBA BRANCH
          KUTTILANGADI. P. O, PERINTHALMARMA TALUK
          MALAPPURAM DISTRICT, PIN - 676506.

    3     THE SPECIAL DEPUTY TAHSILDAR (RR) KSFE,
          IIND FLOOR, KURMATH BUILDING KANDATH VASUDEVAN ROAD,
          SULTAN PETTA PALAKKAD, PIN - 678001.

          BY SRI.K.A.SALIL NARAYANAN, SC
          SMT.MABLE C.KURIAN, SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15799 OF 2024
                                -2-

                            JUDGMENT

When this matter was called today, Sri.K.A.Salil Narayanan - learned Standing Counsel for the 'KSFE', submitted that, if the petitioner is interested, she can be allowed to pay off the total amount in her loan account, which is a sum of Rs.32,76,837/- as at 30.04.2024, along with all applicable charges and interest, provided she pays the same in not more than 24 equal monthly installments.

2. Sri.Rajeev Koyickal - learned counsel for the petitioner, accepted the afore suggestion.

Taking note of the afore submissions, I allow this writ petition, permitting the petitioner to pay off the aforementioned amount, along with all applicable charges and interest, in 24 equal monthly installments, commencing from 01.06.2024.

WP(C) NO. 15799 OF 2024 -3- Needless to say, if the petitioner continues to pay as afore, all action pursuant to Ext.P6 will stand deferred; but if she defaults payment of any two installments as ordered above, necessary action for recovery can be taken forward, without having to obtain further orders from this Court.

After I dictated this part of the judgment, Sri.Rajeev Koyickal - learned counsel for the petitioner, submitted that some payments have been made by his client, which have not been properly accounted. He, therefore, requested liberty for his client to approach the KSFE seeking such.

Adverting to the afore, I permit the petitioner to make an appropriate representation for the afore purpose; however, only after she remits a minimum of 12 instalments as ordered above; in which event, the same will be looked WP(C) NO. 15799 OF 2024 -4- into by the 'KSFE', and if any reductions are found eligible, then the same shall be modulated into the subsequent instalments.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 15799 OF 2024 -5- APPENDIX OF WP(C) 15799/2024 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE NOTICE NO. NCL-61 DATED 07-07-2018 ISSUED BY THE 2ND RESPONDENT EXHIBIT P2 TRUE COPY OF THE NOTICE NO. NCL-57 FROM (3/2016-2018) DATED 07-07-2018 ISSUED BY THE 2ND RESPONDENT EXHIBIT P3 TRUE COPY OF THE NOTICE NO. 03/2016-23) DATED 07-07-2018 ISSUED BY THE 2ND RESPONDENT EXHIBIT P4 TRUE COPY OF THE NOTICE NO. RCL-80 DATED 07-07-2018 ISSUED BY THE 2ND RESPONDENT EXHIBIT P5 TRUE COPY OF THE NOTICE NO. NCL-62 DATED 07-07-2018 ISSUED BY THE 2ND RESPONDENT EXHIBIT P6 TRUE COPY OF THE NOTICE NO.

SDT/PKD/10047,10048,10049,10050,10051/22

-23 DATED 30.11.2023 ISSUED BY THE 3RD RESPONDENT EXHIBIT P7 TRUE COPY OF THE RECEIPT DATED 02-11- 2023