Radhakrishnan vs The Kerala State Financial ...
2021 Latest Caselaw 11179 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

   WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA, 1943

                       WP(C).No.8856 OF 2021(F)


PETITIONER:

               RADHAKRISHNAN
               AGED 50 YEARS
               S/O. SUKUMARAN, JYOTHISH MANTHIRAM, CHETTIKULANGARA,
               KANNAMANGALAM P. O., ALAPPUZHA DISTRICT, PIN - 690
               106.

               BY ADVS.
               MEREENA J. JOSEPH
               SRI.C.D.JOHNY

RESPONDENTS:

      1        THE KERALA STATE FINANCIAL ENTERPRISES LIMITED
               C. N. TOURIST HOME BUILDING COURT ROAD, KAYAMKULAM,
               ALAPPUZHA DISTRICT, PIN - 690 502, REPRESENTED BY ITS
               MANAGER.

      2        DISTRICT COLLECTOR
               CIVIL STATION BUILDING, CIVIL STATION ROAD,
               ALAPPUZHA, PIN - 688001.

      3        SPECIAL DEPUTY TAHSILDAR (REVENUE RECOVERY)
               K.S.F.E.LIMITED, ACJ MANSION BUILDING, NEAR KANNAN
               VARKEY BRIDGE, SEA VIEW WARD, HEAD POST OFFICE,
               ALAPPUZHA, PIN - 688 001.



               SMT.VINITHA.B, GP
               SRI.P.C.ANIL KUMAR,SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.8856 OF 2021(F)


                                           :2:




                                        JUDGMENT

Dated this the 07th day of April 2021

The petitioner who had availed a loan from the

respondent KSFE, which is in default and on account

of which revenue recovery proceedings have been

initiated. The petitioner challenges the revenue

recovery proceedings alleging that the 1st

respondent did not consider the request of the

petitioner for regularisation of the loan account.

2. Heard Sri.P.C.Anil Kumar, the learned

Standing counsel who submitted that the outstanding

amount due from the petitioner is a sum of

Rs.15,99,000/-.

3. As the petitioner seeks instalment

facility, the writ petition is disposed of with the

following directions:

i) The petitioner shall pay the outstanding WP(C).No.8856 OF 2021(F)

amount in 15 equal monthly instalments starting

from May, 2021. In the meanwhile, the revenue

recovery proceedings shall be kept in abeyance.

ii) In case the petitioner makes default in

payment of any of the instalments, the respondents

would be free to resume the proceedings for revenue

recovery.

iv) In case any one time settlement scheme is

floated by the respondent KSFE and the petitioner

seeks the benefit of the same, the respondent KSFE

shall consider the same in accordance with the

scheme.

Sd/-

P.V.ASHA JUDGE DM WP(C).No.8856 OF 2021(F)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE PHOTOCOPY OF THE NOTICE ISSUED UNDER SECTION 34 OF THE REVENUE RECOVERY ACT DATED NIL.

EXHIBIT P2 TRUE PHOTOCOPY OF THE REPRESENTATION FILED BY THE PETITIONER TO THE SECTION 34 NOTICE OF THE REVENUE RECOVERY ACT DATED 07.01.2021.

EXHIBIT P3 TRUE PHOTOCOPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DATED 13.01.2021.

RESPONDENTS EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE