Kerala High Court
M.P.Prasanna Kumar @ Prasannan vs The Kerala Financial Corporation on 3 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
WEDNESDAY, THE 03RD DAY OF MARCH 2021 / 12TH PHALGUNA, 1942
WP(C).No.5041 OF 2021(E)
PETITIONER:
M.P.PRASANNA KUMAR @ PRASANNAN,
AGED 54 YEARS,
S/O.PRABHAKARAN, PROPRIETOR, HOTEL KALAI, 2ND MILE,
KUTTITHERUVU, MAVELIKKARA ROAD, KAYAMKULAM,
ALAPPUZHA DISTRICT - 690 502.
BY ADVS.
SRI.DINESH R.SHENOY
SRI.EBIN MATHEW
SRI.P.ROHIT PREMANANDAN SHENOY
RESPONDENTS:
1 THE KERALA FINANCIAL CORPORATION,
REP. BY ITS CHIEF MANAGER,
KERALA FINANCIAL CORPORATION, PAZHAMAANNIL,
JESSY TOWERS, COLLEGE ROAD,
PATHANAMTHITTA - 689 645.
2 THE KERALA FINANCIAL CORPORATION,
VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695 010,
REP. BY ITS CHAIRMAN & MANAGING DIRECTOR.
BY ADV. SRI.BASANT BALAJI, SC, KFC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.5041 OF 2021(E)
2
JUDGMENT
The petitioner, who is a proprietor
of a Four Star Hotel with Bar facility, has
filed this writ petition aggrieved by the
proceedings under Section 29 of the State
Financial Corporations Act, 1951 initiated by
the Corporation as per Exts.P13 and P14
notices.
2. In the notices, it is stated that a
sum of Rs.8,89,80,404/- is due from the
petitioner. Pointing out the financial crisis
faced by the petitioner on account of various
circumstances including the COVID-19
pandemic, petitioner has submitted Ext.P15
representation.
3. The learned counsel for the
petitioner submits that the petitioner is
ready to sell out one of the items of
property offered as security towards the
amount and for that purpose, he has submitted
WP(C).No.5041 OF 2021(E)
Ext.P15 representation.
4. The learned Standing Counsel
submitted that the petitioners can approach
the Chief Manager along with the proposed
buyer and the representation would be
considered by the Chief Manager. The learned
Standing Counsel also submitted that in order
to show the bonafides, the petitioner would
have to make substantial payment.
The writ petition is therefore
disposed of directing the respondents to
consider Ext.P15 representation and to take a
decision, after hearing the petitioner within
a period of two weeks from the date of
receipt of a copy of the judgment. Till such
time, no coercive action shall be taken
against the petitioner.
Sd/-
P.V.ASHA
JUDGE
WW
WP(C).No.5041 OF 2021(E)
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE PHOTOCOPY OF THE CERTIFICATE ISSUED BY
THE HOTEL AND RESTAURANT APPROVAL AND
CLASSIFICATION COMMITTEE UNDER THE MINISTRY
OF TOURISM, GOVERNMENT OF INDIA.
EXHIBIT P2 TRUE PHOTOCOPY OF ORDER DATED 2.9.2013
ISSUED BY THE REGIONAL DIRECTOR (SOUTH) OF
INDIA TOURISM.
EXHIBIT P3 TRUE PHOTOCOPY OF LETTER DATED 6.11.2013
ISSUED TO THE PETITIONER FROM GOVERNMENT OF
INDIA, MINISTRY OF TOURISM (HRACC
DIVISION).
EXHIBIT P4 TRUE PHOTOCOPY OF A CERTIFIED EXTRACT OF
THE DECISION OF THE KAYAMKULAM MUNICIPALITY
DATED 16.1.2014.
EXHIBIT P5 TRUE PHOTOCOPY OF JUDGMENT DATED 17.7.2014
IN WP(C) NO.2656/2014.
EXHIBIT P6 TRUE PHOTOCOPY OF ORDER DATED 29.10.2014 IN
RP 718/2014 OF HIGH COURT OF KERALA
EXHIBIT P7 TRUE PHOTOCOPY OF JUDGMENT DATED 11.11.2015
IN WP(C) NO.5667/2015, HIGH COURT OF
KERALA.
EXHIBIT P8 TRUE PHOTOCOPY OF ACCOUNTS STATEMENT FOR
LOAN ACCOUNT NO.090149330 OF THE PETITIONER
WITH THE 1ST RESPONDENT.
EXHIBIT P9 TRUE PHOTOCOPY OF LOAN ACCOUNT NO.
090149320.
EXHIBIT P10 TRUE PHOTOCOPY OF LOAN ACCOUNT NO.
090149310.
EXHIBIT P11 TRUE PHOTOCOPY OF LOAN ACCOUNT NO.
090149331.
WP(C).No.5041 OF 2021(E)
EXHIBIT P12 TRUE PHOTOCOPY OF NOTICE DATED 17.11.2020
ISSUED BY THE 1ST RESPONDENT TO THE
PETITIONER.
EXHIBIT P13 TRUE PHOTOCOPY OF REMINDER NOTICE NO.
2002/2021 DATED 15.2.2021, SERVED ON
17.2.2021.
EXHIBIT P14 TRUE PHOTOCOPY OF REMINDER NOTICE NO.
2003/2021 DATED 15.2.2021 SERVED ON
17.2.2021.
EXHIBIT P15 TRUE PHOTOCOPY OF REPRESENTATION DATED
20.2.2021 SUBMITTED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT.
