Sasidharan vs Kerala State Financial ...
2021 Latest Caselaw 12476 Ker

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                     THE HONOURABLE SMT. JUSTICE P.V.ASHA
         TUESDAY, THE 18TH DAY OF MAY 2021 / 17TH VAISAKHA, 1943
                            WP(C) NO 11219 OF 2021
PETITIONER:


              SASIDHARAN, S/O. MUTTU MOOPAN, CHIRUTHAPARAMBUVELIYIL,
              KURUPANKULANGARA P.O., CHERTHALA, ALAPPUZHA DISTRICT.




              BY ADVS : JOSEPH RONY JOSE,

                        E.A.JOSE,

                        K.G.GOPAKUMAR

                        NAZEERA K.N


RESPONDENTS:
           1.    KERALA STATE FINANCIAL ENTERPRISE LIMITED, KUTHIATHODU
           BRANCH, CHERTHALA, ALAPPUZHA DISTRICT-688533, REPRESENTED BY
           ITS MANAGER.



              2.    THE SPECIAL DEPUTY TAHSILDAR (RR), KERALA STATE
              FINANCIAL ENTERPRISES LIMITED, ACJ MANSION BUILDING, NEAR
              KANNAN VARKEY BRIDGE, SEA VIEW WARD, BAZAR P.O., ALAPPUZHA
              DISTRICT-688012.

              FOR R1 ADV. SALIL NARAYANAN
              GOVERNMENT PLEADER SMT.VINEETHA.B


              THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
              18.05.2021, THE COURT ON THE SAME DAY DELIVERED THE
              FOLLOWING:
                                     P.V.ASHA, J.

                     ----------------------------------------
                            W.P.(C) No.11219 of 2021-B
                     ----------------------------------------
                       Dated this the 18th day of May, 2021

                                       JUDGMENT

The petitioner, who is a surety for a prized chitty of the 1 st respondent, has

filed this writ petition aggrieved by the revenue recovery proceedings initiated

against him. Ext.P1 demand notice was issued on 16/10/2020.

2. Shri Salil Narayanan, the learned Standing counsel for the respondent

on instructions pointed out that Ext.P1 demand notice was issued with respect to a

sum of Rs.22,51,300/- (Rupees Twenty two lakhs fifty one thousand and three hundred

only). It is stated that, as on 10.05.2021, the amount due in respect of the chitty

is Rs.32,90,069/-(Rupees Thirty two lakhs ninety thousand and sixty nine only).

3. The learned counsel for the petitioner submitted that the petitioner

would be able to pay off the amount in case installment facility is given.

Accordingly, the writ petition is disposed of permitting the petitioner to

make the payment in 12 Equal Monthly Installments starting from 10/07/2021 onwards.

In that event, the revenue recovery proceedings initiated against him shall be kept

in abeyance. In case the petitioner commits any default in payment of any of the

installments, the respondents would be free to proceed with the revenue recovery

proceedings.

Sd/- (P.V.ASHA, JUDGE) AS W.P(C).No.11219/2021

APPENDIX

PETITIONER'S EXHIBITS

EXT.P1: THE PHOTOSTAT COPY OF DEMAND NOTICE ISSUED BY 2ND RESPONDENT DT.16.10.2020.

EXT.P2: THE PHOTOSTAT COPY OF THE REPRESENTATION FILED BY PETITIONER BEFORE 2ND RESPONDENT DATED 28.02.2021.