Savitha V vs Special Deputy Tahsildar (R.R.)

Citation : 2024 Latest Caselaw 11790 Ker
Judgement Date : 30 April, 2024

Kerala High Court

Savitha V vs Special Deputy Tahsildar (R.R.) on 30 April, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
           THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
     TUESDAY, THE 30TH DAY OF APRIL 2024 / 10TH VAISAKHA, 1946
                      WP(C) NO. 16620 OF 2024
PETITIONER:

            SAVITHA V, AGED 51 YEARS
            KALANILAYAM, HOUSE NO. NN 131, INDIRA NAGAR ROAD,
            PEROORKADA P.O., THIRUVANANTHAPURAM, PIN - 695005

            BY ADV BABU CHERUKARA


RESPONDENTS:

       1    SPECIAL DEPUTY TAHSILDAR (R.R.)
            KERALA STATE FINANCIAL ENTERPRISES LTD, NEW TRIDA
            CENTRE, IIND FLOOR, MEDICAL COLLEGE P.O.,
            THIRUVANANTHAPURAM, PIN - 695011

       2    THE BRANCH MANAGER
            KERALA STATE FINANCIAL ENTERPRISES LTD,
            VAZHUTHACAUD BRANCH, THYKADU P.O.,
            THIRUVANANTHAPURAM,, PIN - 695014

       3    THE MANAGING DIRECTOR
            KERALA STATE FINANCIAL ENTERPRISES LTD, HEAD
            OFFICE, BHADRATHA, CHEMBUKAVU, MUSEUM ROAD,
            TRISSUR, PIN - 680001

            SRI. SALIL NARAYANAN-GP


        THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    30.04.2024,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C).No.16620/2024

                              -:2:-




                         JUDGMENT

The petitioner's husband availed chitty from the KSFE, Vazhuthacaud Branch, Thiruvananthapuram. The petitioner stood as surety. The petitioner and the husband defaulted the repayment of the chit amount. Hence, recovery proceedings have been initiated against the petitioner.

2. The learned counsel for the petitioner submits that the petitioner is prepared to clear off the entire amount due within a period of six months.

3. The learned Standing Counsel for the KSFE submits that the total amount due as on date is ₹28,15,107/-.

Having heard both sides, this writ petition is disposed of, granting liberty to the petitioner to clear off the entire amount due along with interest in six equal monthly instalments commencing from 1/6/2024. The subsequent instalments shall be paid on the 5th day of every month. In case of default of any W.P.(C).No.16620/2024 -:3:- of the instalments, the aforesaid facility extended shall stand cancelled and the KSFE will be at liberty to proceed with the recovery proceedings. Subject to the above direction, the recovery proceedings against the petitioner shall be kept in abeyance.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE kp W.P.(C).No.16620/2024 -:4:- APPENDIX OF WP(C) 16620/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REVENUE RECOVERY NOTICE BEARING RRC NO.2022/19421/01 23366/23-24 FOR A SUM OF RS.6,34,103/- DATED 14-08- 2023 Exhibit P2 TRUE COPY OF THE REVENUE RECOVERY NOTICE BEARING R.R.C NO.2022/19420/01 23367/23- 24 FOR A SUM OF RS.6,33, 538/- DATED 14- 8-2023 Exhibit P3 TRUE COPY OF THE REVENUE RECOVERY NOTICE BEARING R.R.C NO.2022/19419/01 23368/23- 24 FOR A SUM OF RS. 6,33,538/- DATED 14- 8-2023 Exhibit P4 TRUE COPY OF THE REVENUE RECOVERY NOTICE BEARING R.R.C NO.2022/19424/01 23369/23- 24 FOR A SUM OF RS. 14,72,612/- DATED 14-8-2023