P. Vijayam vs The Managing Director
2021 Latest Caselaw 5282 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

     FRIDAY, THE 12TH DAY OF FEBRUARY 2021 / 23RD MAGHA,1942

                       WP(C).No.940 OF 2021(N)


PETITIONERS:

      1        P. VIJAYAM, AGED 43 YEARS
               W/O. SUGUNANUNNI, ACHARATH HOUSE, KALLADIKODE,
               PALAKKAD-678596.

      2        SUGUNANUNNI, S/O. PRABHAKARAN, ACHARATH HOUSE,
               KALLADIKODE, PALAKKAD-678596.

      3        RAVIKUMAR V.G.
               S/O. GOPALAKRISHNAN NAIR, VADAKKATHOTTIL HOUSE,
               KALLADIKODE, PALAKKAD-678596.

      4        SRIKANTH D., S/O. DAMODARA KAIMAL, SREESADANAM,
               KALLADIKODE, PALAKKAD-678596.

               BY ADV. SRI.I.DINESH MENON

RESPONDENTS:

      1        THE MANAGING DIRECTOR,
               KERALA STATE FINANCIAL ENTERPRISES,
               VELLAYAMBALAM, TRIVANDRUM-695001.

      2        THE BRANCH MANAGER,
               KERALA STATE FINANCIAL ENTERPRISES,
               OLAVAKODE BRANCH, OLAVAKODE-678002.

      3        THE SPECIAL DEPUTY TAHSILDAR (R.R.),
               KSFE, PALAKKAD-678001.

      4        THE VILLAGE OFFICER,
               KARIMBA 2 VILLAGE, MANNARKKAD, PALAKKAD-678582.

               BY ADV. SRI.P.C.ANIL KUMAR

OTHER PRESENT:

               SMT.VINITHA.B ,GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.940 OF 2021(N)

                                      2



                          J U D G M E N T

Petitioner has filed this writ petition again

aggrieved by the revenue recovery proceedings

towards the outstanding amount which is in default

even after the judgment Ext.P1. According to the

petitioner, the further payment could not be made

after Ext.P1 judgment on account of COVID-19.

2. Learned Standing Counsel submits that even

as per Ext.P1 judgment while the petitioner

approached this Court in the year 2019, the

outstanding amount as on 07.08.2019 was a sum of

Rs.57,63,209/- and this Court had already given

instalment facility to the petitioner, allowing him

to pay it in 15 equated monthly instalments from

28.08.2019. When this writ petition came up for

consideration on 13.01.2021, petitioner was allowed

to remit a sum of Rs.5 lakhs within a period of one

month and an interim order was granted staying the

revenue recovery proceedings. WP(C).No.940 OF 2021(N)

3. It is stated that petitioner has

accordingly paid a sum of Rs.5 lakhs.

In view of the financial crunch as well as other

personal difficulties pointed out by the petitioner,

after hearing the learned Standing Counsel also, the

writ petition is disposed of, allowing the

petitioner to continue to make the payment as

directed in Ext.P1 judgment in 15 equal monthly

instalments starting from 05.04.2021, failing which,

the respondents would be free to resume the revenue

recovery proceedings. In the meanwhile, in case the

petitioner gets an intending purchaser, petitioner

would be free to approach the respondents with the

purchaser and the respondents would take appropriate

action.

Sd/-

P.V.ASHA, JUDGE AS WP(C).No.940 OF 2021(N)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE JUDGMENT IN WPC NO.19529/2019 DATED 07/08/2019.

EXHIBIT P2 TRUE COPY OF THE ACCOUNT DETAILS.

EXHIBIT P3 TRUE COPY OF THE NOTICE DATED 23/09/2019.

EXHIBIT P4 TRUE COPY OF THE NOTICE DATED 19/11/2020 NO. 6209, 10, 11/17-18.

EXHIBIT P5 TRUE COPY OF THE NOTICE DATED 19/11/2020 NO 6208/17-18.

EXHIBIT P6 TRUE COPY OF THE REQUEST FOR PRIVATE SALE OR ONE TIME SETTLEMENT DATED 04/12/2020.

EXHIBIT P7 TRUE COPY OF THE ORDER IN WPC NO.9400/2020 DATED 03/08/2020.

EXHIBIT P8 TRUE COPY OF THE LETTER ISSUED BY KSFE DATED 10.02.2021 REGARDING PAYMENT.