Unnikrishnan T.P vs Kerala State Financial ...
2021 Latest Caselaw 11390 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

   THURSDAY, THE 08TH DAY OF APRIL 2021 / 18TH CHAITHRA, 1943

                       WP(C).No.9260 OF 2021(F)


PETITIONER:

                UNNIKRISHNAN T.P
                AGED 45 YEARS
                S/O PARAMESWARAN NAMBOOTHIRI N.
                ANANTHAPURATHU HOUSE, CHEMPAZHANTHI
                THIRUVANANTHAPURAM
                PIN:695587.

                BY ADV. SMT.YADUKRISHNAN N.

RESPONDENTS:

      1         KERALA STATE FINANCIAL ENTERPRISES LTD
                REPRESENTED BY
                MANAGING DIRECTOR, THRISSUR
                PIN:680 020

      2         THE BRANCH MANAGER
                KERALA STATE FINANCIAL ENTERPRISES
                THIRUVANANTHAPURAM MAIN BRANCH
                PIN:695 001
      3         SPECIAL DEPUTY TAHSILDAR[REVENUE RECOVERY]
                KERALA STATE FINANCIAL ENTERPRISES LTD.
                STATUE, THIRUVANANTHAPURAM
                PIN:695 001



                SRI.P.PRIJITH,SC,
                SMT.VINITHA.B, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.9260 OF 2021(F)

                                      2




                              JUDGMENT

Dated this the 08th day of April 2021

The petitioner who subscribed for chitty

along with two others have filed this writ

petition stating that the respondents have

initiated revenue recovery proceedings by way of

Exts.P1 and P2 notices on account of the default

committed by them. In Ext.P2 notice the amount

demanded is a sum of Rs.32,10,898/-.

2. Adv.Sri.P.Prijith, the learned Standing

counsel submits that the amount as on 31.03.2021

has to be verified from the concerned branch and

the petitioner can approach the branch and the 2 nd

respondent would furnish the details regarding

the outstanding amount due to the petitioner. It

is also pointed out that in case the petitioner

remits lump sum amount he would be entitled to

the benefit of Ashwas Scheme and there is WP(C).No.9260 OF 2021(F)

reduction in interest and that should be availed

before 30.04.2021. In case the petitioner is

seeking instalment facility, the petitioner can

be permitted to make the payment of the entire

amount along with interest in 15 equal monthly

instalments starting from May, 2021. Ordered

accordingly.

3. In that event, the revenue recovery

proceedings shall be kept in abeyance. In case

the petitioner does not make the payment either

under the Ashwas Scheme before 30.04.2021 or the

instalment payment by May 15 as directed, the

respondents would be free to proceed on the basis

of Exts.P1 and P2 notices.

The writ petition is accordingly disposed of.

Sd/-

P.V.ASHA JUDGE DM WP(C).No.9260 OF 2021(F)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF ISSUED UNDER SECTION 7 OF THE REVENUE RECOVERY ACT DTD:-6/3/2021 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P2 TRUE COPY OF NOTICE ISSUED UNDER SECTION 34 OF THE REVENUE RECOVERY ACT DTD:-6/3/2021 ISSUED BY THE 2ND RESPONDENT.

RESPONDENTS EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE