Thankakuttan J.A vs Branch Manager
2021 Latest Caselaw 23111 Ker

WP(C) NO. 2543 OF 2020              1



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 24TH DAY OF NOVEMBER 2021 / 3RD AGRAHAYANA, 1943
                          WP(C) NO. 2543 OF 2020
PETITIONER/S:
     1    THANKAKUTTAN J.A.
          AGED 62 YEARS
          S/O.AMAR JOSEPH, KURISINKAL HOUSE, CHERTHALA SOUTH,
          ARTHUNKAL P.O., ALAPPUZHA DISTRICT, PIN-688530.

      2        SHALY THANKAKUTTAN,
               W/O.THANKAKUTTAN J.A., KURISINKAL HOUSE, CHERTHALA,
               SOUTH, ARTHUNKAL P.O., ALAPPUZHA DISTRICT, PIN-
               688530.

               BY ADV ROY CHACKO


RESPONDENT/S:
     1    BRANCH MANAGER
          K.S.F.E, ALUVA II BRANCH, ALUVA P.O- 683101.

      2        SPECIAL DEPUTY TAHASILDAR (R.R) K.S.F.E LTD,
               ACJ MANSION BUILDING, NEAR KANNAN VARKEY BRIDGE,
               SEAVIEW WARD, ALAPPUZHA-688001.

      3        STATE OF KERALA,
               REPRESENTED BY DISTRICT COLLECTOR, CIVIL STATION,
               ALAPPUZHA, PIN-688001.

               BY ADV SRI.ARUN ANTONY, SC, KSFE LTD.


OTHER PRESENT:
          SMT.RASHMI.K.M, SR.GP


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 2543 OF 2020                2




                      P.V.KUNHIKRISHNAN, J
                 --------------------------------------------
                      W.P.(C.) No.2543 of 2020
                    --------------------------------------
             Dated this the 24th day of November, 2021


                                 JUDGMENT

The above writ petition is filed with following prayers :

"a) A Writ of certiorari or any other appropriate writ, order or direction calling for the records relating to Exhibit P1 to P10 and quash the same.

b) Writ of mandamus or any other appropriate writ, order or direction commanding respondents 1 to 3 to grant easy installments for discharge of the liability due to the KSFE Ltd.

c) Such other writ, order or direction as this Honorable Court deem fit and proper to grant in fact and circumstances of the case."

2. The petitioners subscribed for 12 chitties of the 1 st

respondent. Because of the default in repaying the chitty

amount, recovery proceedings were initiated by KSFE. Exts.P1

to P10 are the recovery notices issued by the respondents. The

writ petition is filed mainly for getting an instalment facility to

clear the dues. According to the petitioners, several amounts

are paid towards the due by the petitioners and they have got

documents to substantiate the same. But the respondents filed

a statement in which the amount due from the petitioners is

mentioned as Rs.87,23,403/- as on 28.6.2021. The petitioners

dispute the same. A reply affidavit is filed disputing the

amounts. According to the petitioners, several amount paid by

the petitioners is not credited to the account. Serious

allegations are raised against the officials of KSFE also.

3. In such circumstances, I am not in a position to pass

any orders in this writ petition. Admittedly, a suit is pending

before the Munsiff Court, Cherthala as O.S.No.45/2020 and the

prayer in the suit is for settlement of accounts. In such

circumstances, the petitioners are free to raise all their

contentions in this writ petition before the civil court.

Granting liberty to the petitioners to raise all their

contentions before the civil court, this writ petition is closed.

SD/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 2543/2020

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE R.R.NOTICE DATED 21.10.2019 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS.

EXHIBIT P2 TRUE COPY OF THE R.R.NOTICE DATED 21.10.2019 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS.

EXHIBIT P3 TRUE COPY OF THE R.R.NOTICE DATED 21.10.2019 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS.

EXHIBIT P4 TRUE COPY OF THE R.R.NOTICE DATED 21.10.2019 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS.

EXHIBIT P5 TRUE COPY OF THE R.R.NOTICE DATED 21.10.2019 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS.

EXHIBIT P6 TRUE COPY OF THE R.R.NOTICE DATED 21.10.2019 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS.

EXHIBIT P7 TRUE COPY OF THE R.R.NOTICE DATED 21.10.2019 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS.

EXHIBIT P8 TRUE COPY OF THE R.R.NOTICE DATED 21.10.2019 ISSUED BY THE2ND RESPONDENT TO THE PETITIONERS.

EXHIBIT P9 TRUE COPY OF THE R.R.NOTICE DATED 21.10.2019 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS.

EXHIBIT P10 TRUE COPY OF THE R.R.NOTICE DATED 21.10.2019 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS.

RESPONDENT'S EXHIBITS                    :     NIL