Kerala High Court
Krishna Kumari.K.G vs The Kerala State Financial Enterprises ... 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. 14876 OF 2024
PETITIONER:
KRISHNA KUMARI.K.G
AGED 51 YEARS
W/O.LATE BIJU J.S, SHELL HOUSE, PEOPLES NAGAR - 197,
KADAPPAKKADA, KOLLAM, PIN - 691008
BY ADVS.
PRATHEESH.P
ANJANA KANNATH
MARIYA JOSE
JOSHNA JOY
RESPONDENTS:
1 THE KERALA STATE FINANCIAL ENTERPRISES LTD.,
THRISSUR, REPRESENTED BY ITS MANAGING DIRECTOR,
PIN - 680003
2 GENERAL MANAGER (BUSINESS)
THE KERALA STATE FINANCIAL ENTERPRISES LTD.,
HEAD OFFICE, "BHADRATHA", MUSEUM ROAD, P.B.NO.510,
THRISSUR, PIN - 680020
3 SPECIAL DEPUTY THAHASILDAR (RR)
THE KERALA STATE FINANCIAL ENTERPRISES LTD.,
CHINNAKKADA, KOLLAM, PIN - 691001
4 THE MANAGER
THE KERALA STATE FINANCIAL ENTERPRISES LTD., BEACH
ROAD BRANCH, KOLLAM, PIN - 691001
SRI.SALIL NARAYANAN K.A., SC
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. 14876 OF 2024 2
JUDGMENT
Amidst the various assertions, averments and allegations in this writ petition, when this matter was called today, the learned counsel for the petitioner, confined her plea that the competent among the respondents be directed to take up Ext.P2 representation and dispose it of, within a time frame to be fixed by this Court.
2. Smt.Mariya Jose - learned counsel for the petitioner, submitted that her client has preferred Ext.P2 seeking, inter alia, the benefit of insurance coverage for clearing the balance amounts towards the 'Chitty' in question - the default in which, according to her, occurred only on account of the untimely death of her client's husband late Biju J.S.
3. Sri.Salil Narayanan - learned Standing Counsel for the respondent
- Kerala State Financial Enterprises Ltd. (KSFE), submitted that there is no legal impediment in Ext.P2 being taken up and disposed of by competent among the respondents; but prayed that this Court may not make any affirmative declarations on the entitlement of the petitioner to any relief and leave it to be decided by its competent Authority, in terms of law. He concluded saying that the petitioner's stated pitiable condition will be certainly kept in mind by the competent Authority and she will also be given an opportunity of being heard.
Taking note of the afore submissions, I allow this writ petition and direct the competent among the respondents to take up Ext.P2 WP(C) NO. 14876 OF 2024 3 representation of the petitioner and dispose of the same, after affording her an opportunity of being heard; thus culminating in an appropriate order and necessary action thereon, as expeditiously as is possible, but not later than one month from the date of receipt of a copy of this judgment.
Needless to say, until such time as the afore is done and the resultant order communicated to the petitioner, all further coercive recovery action against her will stand deferred.
Sd/-
DEVAN RAMACHANDRAN JUDGE MC/16.4 WP(C) NO. 14876 OF 2024 4 APPENDIX OF WP(C) 14876/2024 PETITIONER EXHIBITS Exhibit P1 THE COPY OF THE DEATH CERTIFICATE OF SRI.BIJU DATED 20.12.2022 ISSUED FROM THRIKKOVILVATTOM GRAMA PANCHAYAT Exhibit P2 THE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 27.1.2023 Exhibit P3 THE COPY OF THE LETTER ISSUED BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT BEARING NO.181 DATED 27.1.2023 Exhibit P4 THE COPY OF THE LETTER ISSUED BY THE 4TH RESPONDENT BEARING NO.210/2021-115 DATED 15.3.2024