Francis Thomas vs Kerala State Financial ...
2021 Latest Caselaw 23943 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
   MONDAY, THE 13TH DAY OF DECEMBER 2021 / 22ND AGRAHAYANA, 1943
                       WP(C) NO. 28591 OF 2021
PETITIONER:

          FRANCIS THOMAS
          AGED 64 YEARS
          S/O THOMAS, PAZHAYAPARAMBIL HOUSE, PADANNAKKADU,
          NEELEWARAM, KASARAGOD DISTRICT
          BY ADVS.
          K.N.ABHILASH
          P.B.MUHAMMED AJEESH
          SUNIL NAIR PALAKKAT
          M.A.AHAMMAD SAHEER
          RITHIK S.ANAND


RESPONDENTS:

    1     KERALA STATE FINANCIAL ENTERPRISES LIMITED
          REPRESENTED BY ITS MANAGING DIRECTOR, MUSEUM ROAD,
          THRISSUR DISTRICT-680 020.
    2     THE BRANCH MANAGER
          KSFE, KANJANGAD BRANCH, KASARAGOD DISTICT-671 315.
    3     THE SPECIAL DEPUTY TAHSILDAR
          KSFE LKTD, HASSAN ARCADE, KANNUR DISTICT-670 002.
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 28591 OF 2021
                                       2

                    BECHU KURIAN THOMAS, J
                ................................................
                 W.P.(C) NO.28591 OF 2021
                ...........................................
         Dated this the 13th day of December, 2021


                                JUDGMENT

This writ petition seeks for a limited relief in the nature

of a direction to dispose of Ext.P3 and P4 applications pending

consideration before the 2nd respondent.

2. Petitioner had joined in two chitties conducted by the

2nd respondent as chitty No.4/2010 and chitty No.20/2010. He

bid the amount under the chitties in 2010. However, after

getting the bid amount petitioner failed to remit the balance

amount and accordingly there is an outstanding liability of

Rs.38,17,258/- as on 03.11.2021. Petitioner claims the

benefit of a scheme formulated by the Government known as

"Ashwas 2020". According to the petitioner, the scheme is

still in force and claiming the benefit of the scheme, he filed

Ext.P3 and Ext.P4. The said applications are pending

consideration before the 2nd respondent. WP(C) NO. 28591 OF 2021

3. I have heard the learned counsel for the petitioner as

well as the learned Standing Counsel for the respondents.

4. In the nature of submissions made by the learned

counsel , it is felt that this writ petition can be disposed of.

5. Accordingly, there will be a direction to the 2 nd

respondent to consider and pass appropriate orders on Ext.P3

and Ext.P4 applications in a time bound manner, at any rate,

within a period of 15 days from the date of receipt of a copy

of this judgment.

This writ petition is disposed of.

Sd/-

BECHU KURIAN THOMAS JUDGE AJM WP(C) NO. 28591 OF 2021

APPENDIX OF WP(C) 28591/2021

PETITIONER'S EXHIBITS :

Exhibit P1 TRUE COPY OF THE NOTIFICATION DATED 30.9.2021 ISSUED BY THE 1ST RESPONDENT

Exhibit P2 TRUE COPY OF THE NOTIFICATION DATED 26.10.2021 ISSUED BY THE 1ST RESPONDENT

Exhibit P3 TRUE COPY OF THE APPLICATION DATED 20.10.2021 IN CONNECTION WITH CHITTY NO 4/2010 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT

Exhibit P4 TRUE COPY OF THE APPLICATION DATED 20.10.2021 IN CONNECTION WITH CHITTY NO 20/2010 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT

Exhibit P5 TRUE COPY OF THE DEMAND NOTICE DATED 3.11.2021 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER

RESPONDENT'S EXHIBITS : NIL

AJM //TRUE COPY// PA TO JUDGE