Beula Jasmin vs Kerala State Finance Enterprises ...
2021 Latest Caselaw 3324 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

      FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942

                       WP(C).No.7837 OF 2020(D)


PETITIONER:

               BEULA JASMIN,
               AGED 38 YEARS,
               W/O.BINAMCY, 7/289, SYAM NIVAS, ELLUVILA P.O.,
               THIRUVANANTHAPURAM-695 504.

               BY ADV. SRI.THOMSTINE K.AUGUSTINE

RESPONDENTS:

      1        KERALA STATE FINANCE ENTERPRISES LTD., (KSFE LTD),
               REPRESENTED BY ITS MANAGER, PARASALA BRANCH,
               THIRUVANANTHAPURAM-695 122.

      2        THE SPECIAL DEPUTY TAHSILADR (RR),
               KERALA STATE FINANCIAL ENTERPRISES LTD.,
               OFFICE OF THE SPECIAL DEPUTY TAHSIDLAR (RR),
               AKSHAYA SHOPPING COMPLEX, NEYYATTINKARA-695 121.

               BY ADVS. SRI.P.C.ANIL KUMAR
                        SMT.PRINCY XAVIER, GOVERNMENT PLEADER

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION             ON
29.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.7837 OF 2020(D)

                                   2

                                JUDGMENT

The writ petition is filed aggrieved by

the Revenue Recovery proceedings initiated by

the 1st respondent towards the defaulted

payment, towards the loan as well as prized

chitties availed by the petitioner.

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

Standing Counsel on instructions submitted that

as on 30.01.2021, the outstanding amount due

from the petitioner is Rs.7,27,593/-. It is

also stated that in case the petitioner avails

the ASWAS scheme, the amount payable would be

Rs.4,77,017/-.

3. The learned counsel for the petitioner

submits that a sum of Rs.25,000/- was remitted

on 28.01.2021. It is submitted that in case

instalment facility is provided, the petitioner

would be able to pay off the outstanding

amount.

WP(C).No.7837 OF 2020(D)

Therefore the writ petition is disposed

of permitting the petitioner to remit the

outstanding amount in 12 equal monthly

instalments starting from 15.02.2021 onwards.

In the meanwhile, the respondents shall keep in

abeyance the Revenue Recovery proceedings. In

case any default is committed in payment of any

of the instalments, the respondents will be

free to proceed with the Revenue Recovery

proceedings. In the meanwhile, if the ASWAS

Scheme or any one time settlement is becoming

available, petitioner would be free to avail

the same in accordance with the said Scheme.

Sd/-

P.V.ASHA JUDGE ww WP(C).No.7837 OF 2020(D)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE RECEIPT DATED 30.11.2019 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE SAID REPRESENTATION DATED 30.11.2019 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE NOTICE DATED 15.2.2020 ISSUED BY THE 2ND RESPONDENT.