Kerala High Court
Rajani vs State Of Kerala on 16 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
TUESDAY, THE 16TH DAY OF APRIL 2024 / 27TH CHAITHRA, 1946
WP(C) NO. 15934 OF 2024
PETITIONER/S:
1 RAJANI, AGED 61 YEARS
PUTHUR THEKKAYIL, PERUMANNA, PANTHEERANKAVU,
KOZHIKODE, PIN - 673019
2 JISHNU P T, AGED 35 YEARS
17/349, PUTHUR THEKKAYIL, PERUMANNA,
PANTHEERANKAVU, KOZHIKODE, PIN - 673019
3 JISHNA P T, AGED 30 YEARS
17/349, PUTHUR THEKKAYIL, PERUMANNA, PANTHEERANKAVU,
KOZHIKODE, PIN - 673019
BY ADVS.
NIDHI BALACHANDRAN
PRAJEESH A.J.
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY IT'S SECRETARY TO GOVERNMENT,
DEPARTMENT OF FINANCE, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE SPECIAL DEPUTY TAHASILDAR (RR)
THE KSFE LTD, KOZHIKODE, PIN - 673002
3 KSFE, REPRESENTED BY IT'S IT'S MANAGER, 'BHADRATHA'
P B NO -510, MUSEUM ROAD,
CHEMBUKKAVU, THRISSUR, PIN - 680020
SRI. PREMCHAND R. NAIR
SRI. SALIL NARAYANAN K.A
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 15934 OF 2024 2
JUDGMENT
The petitioners availed chitty from the Westhill branch of Kerala State Finacial Enterprises (hereinafter referred to as 'the KSFE'). On committing default in repayment, the 3rd respondent initiated recovery proceedings against the petitioner. Aggrieved by the issuance of notice under Section 36 of the Revenue Recovery Act, the petitioners have approached this Court with the above writ petition.
2. During the course of hearing, the petitioners have confined the relief to an opportunity for repaying the outstanding amount in instalments.
3. Learned Standing Counsel appearing for the KSFE would submit that the petitioners committed default in repayment and the outstanding amount, as on 30.04.2024 is Rs.9,80,156/- (Rupees Nine lakhs eighty thousand one hundred and fifty six only). It was further submitted that the KSFE is willing to accept repayment of the outstanding amount in limited instalments. WP(C) NO. 15934 OF 2024 3
4. I have heard the learned counsel for the petitioners and the learned Standing Counsel for the KSFE.
5. Having regard to the circumstances of the case and the situation now prevailing, apart from the submissions made as recorded above, I am of the view that the petitioners can be granted an opportunity to repay the outstanding amount in twelve equated monthly instalments.
Accordingly, there will be a direction to the KSFE to accept repayment of the entire outstanding amount of Rs.9,80,156/- (Rupees Nine lakhs eighty thousand one hundred and fifty six only) along with any accrued interest and charges from the petitioners on the following conditions:
(i) The petitioners are directed to repay the outstanding amount of Rs.9,80,156/- (Rupees Nine lakhs eighty thousand one hundred and fifty six only) in twelve equated monthly instalments along with any accrued interest/costs;WP(C) NO. 15934 OF 2024 4
(ii) The first of such instalment shall be paid on or before 15.05.2024 and the subsequent instalments shall be paid on or before the 15th day of succeeding months;
(iii) In the event of default of any one instalment, the respondent shall be entitled to proceed in accordance with law.
(iv) In order to enable the petitioners to repay the entire amounts, all coercive proceedings shall be kept in abeyance.
The writ petition is disposed of, as above.
Sd/-
SHOBA ANNAMMA EAPEN JUDGE ajt WP(C) NO. 15934 OF 2024 5 APPENDIX OF WP(C) 15934/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE NOTICE DATED 29/2/24 ISSUED BY THE 2ND RESPONDENT