Murali.K vs The Kerala State Financial ...
2021 Latest Caselaw 11404 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.9000 OF 2021(Y)


PETITIONER:

               MURALI.K,
               AGED 58 YEARS,
               S/O.KARTHIKEYAN, MURALI BHAVANAM, MAHADEVIKAD P.O.,
               KARTHIKAPPALLY, ALAPPUZHA DISTRICT.

               BY ADVS.
               SRI.S.SHANAVAS KHAN
               SMT.S.INDU

RESPONDENTS:

      1        THE KERALA STATE FINANCIAL ENTERPRISES LTD,
               'BHADRATHA', MUSEUM ROAD, THRISSUR-680 020,
               REPRESENTED BY ITS MANAGING DIRECTOR.

      2        THE KERALA STATE FINANCIAL ENTERPRISES LTD.,
               HARIPAD BRANCH, ALAMPALLIL BUILDING,
               NEAR KSRTC BUS STATION, HARIPAD, ALAPPUZHA-690 514.

      3        THE SPECIAL DEPUTY TAHSILDAR (RR),
               KSFE LIMITED, AC MANSION BUILDING,
               NEAR KANNAN VARKEY BRIDGE, SEE VIEW WARD, ALAPPUZHA-
               690 101.

      4        THE VILLAGE OFFICER,
               VILLAGE OFFICE, KARTHIKAPPALLY, HARIPAD,
               ALAPPUZHA-690 516.

               BY ADVS. SRI.SALIL NARAYANAN.K.A, SC
                        SMT.VINITHA.B, GOVERNMENT PLEADER

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.04.2021, ALONG WITH WP(C).9060/2021(F), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 WP(C).Nos.9000 & 9060 OF 2021

                                   2


               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.9060 OF 2021(F)


PETITIONER:

               PRANAV.M,
               AGED 30 YEARS,
               S/O.MURALI K., MURALI BHAVANAM, MAHADEVIKKAD P.O.,
               KARTHIKAPPALLY, ALAPPUZHA DISTRICT.

               BY ADVS.
               SRI.S.SHANAVAS KHAN
               SMT.S.INDU

RESPONDENTS:

       1       THE KERALA STATE FINANCIAL ENTERPRISES LTD.,
               'BHADRATHA', MUSEUM ROAD, THRISSUR-680 020,
               REPRESENTED BY ITS MANAGING DIRECTOR.

       2       THE KERALA STATE FINANCIAL ENTERPRISES LTD.,
               HARIPAD BRANCH, ALAMPALLIL BUILDING,
               NEAR KSRTC BUS STATION, HARIPAD, ALAPPUZHA-690 514.

       3       THE SPECIAL DEPUTY TAHSILDAR (RR),
               KSFE LIMITED, AC MANSION BUILDING,
               NEAR KANNAN VARKEY BRIDGE, SEE VIEW WARD,
               ALAPPUZHA-690 101.

       4       THE VILLAGE OFFICER,
               VILLAGE OFFICE, KARTHIKAPPALLY, HARIPAD,
               ALAPPUZHA-690 516.

               BY ADVS. SRI.SALIL NARAYANAN.K.A, SC
                        SMT.VINITHA.B, GOVERNMENT PLEADER

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.04.2021, ALONG WITH WP(C).9000/2021(Y), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 WP(C).Nos.9000 & 9060 OF 2021

                                      3



                                JUDGMENT

The petitioners, who are

subscribers of chitty under the respondent

KSFE, availed loan as well as prized

chitty and committed default in repayment

and Revenue Recovery proceedings are

already initiated as per Exts.P1 to P3

notices.

2. The petitioners submit that in case

instalment facility is provided, they

would be able to pay off the outstanding

amount.

3. Sri.Salil Narayanan, learned

Standing Counsel for the respondent

submitted that instalment facility can be

given to the petitioners.

4. According to the learned counsel

for the petitioners, the total amount due

in both the cases is about Rs.35 lakhs. WP(C).Nos.9000 & 9060 OF 2021

Therefore the writ petitions are

disposed of allowing each of the

petitioners to make payment of the

outstanding amount in 15 equal monthly

instalments each starting from May, 2021

onwards. In that event, the Revenue

Recovery proceedings shall be kept in

abeyance. In case, the petitioners commit

default in any of the instalments, the

respondents would be free to resume the

Revenue Recovery proceedings.

Sd/-

P.V.ASHA JUDGE WW WP(C).Nos.9000 & 9060 OF 2021

APPENDIX OF WP(C) 9000/2021 PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE NOTICE DATED 25.02.2020 ISSUED BY THE 3RD RESPONDENT IN RESPECT OF CHITTY LOAN AVAILED BY THE PETITIONER.

EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 25.02.2020 ISSUED BY THE 3RD RESPONDENT IN RESPECT OF LOAN ACCOUNT NO.1487.

EXHIBIT P3 TRUE COPY OF THE NOTICE DATED 14.09.2020 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE LETTER DATED 15.10.2020 SUBMITTED BY PETITIONER AND HIS SON BEFORE THE THIRD RESPONDENT.

WP(C).Nos.9000 & 9060 OF 2021

APPENDIX OF WP(C) 9060/2021 PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE NOTICE DATED 25.02.2020 ISSUED BY THE 3RD RESPONDENT IN RESPECT OF CHITTY LOAN AVAILED BY THE PETITIONER.

EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 25.02.2020 ISSUED BY THE 3RD RESPONDENT IN RESPECT OF LOAN ACCOUNT NO.1488.

EXHIBIT P3 TRUE COPY OF THE NOTICE DATED 14.9.2020 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE LETTER DATED 15.10.2020 SUBMITTED BY PETITIONER AND HIS FATHER BEFORE THE THIRD RESPONDENT.