Saseendran vs The Special Deputy Tahsildar ...
2021 Latest Caselaw 18600 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
 WEDNESDAY, THE 8TH DAY OF SEPTEMBER 2021 / 17TH BHADRA,
                           1943
                  WP(C) NO. 18316 OF 2021
PETITIONER/S:

          SASEENDRAN
          AGED 50 YEARS
          S/O. MANIYAN, SUDARSANAM,
          PAIPPAD VILLAGE, PALLIKACHIRA P.O.,
          CHANGANACHERRY TALUK,
          KOTTAYAM DISTRICT-686 537
          BY ADV SANJAY THAMPI


RESPONDENT/S:

    1     THE SPECIAL DEPUTY TAHSILDAR,
          REVENUE RECOVERY,
          THE KERALA STATE FINANCIAL ENTERPRISES LTD.,
          REVENUE RECOVERY UNIT,
          KERALA STATE FINANCIAL ENTERPRISES BUILDING,
          CHINNAKADA, KOLLAM-691 001
    2     THE VILLAGE OFFICER,
          KOTTANGAL VILLAGE,
          MALAPPALLY TALUK,
          PATHANAMTHITTA-686 547
    3     KERALA STATE FIANANCIAL ENTERPRISES LTD.,
          CHANGANACHERRY BRANCH, KOTTAYAM DISTRICT-686
          103, REPRESENTED BY ITS BRANCH MANAGER
 W.P.(C) No.18316 of 2021                   2



        4          THE BRANCH MANAGER,
                   KERALA STATE FINANCIAL ENTERPRISES LTD.,
                   CHANGANACHERRY BRANCH, KOTTAYAM DISTRICT-686 103


                   BY SRI.P.C.ANIL KUMAR, STANDING COUNSEL



            THIS     WRIT    PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION            ON    08.09.2021,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.18316 of 2021                      3




                            W.P.(C) No.18316 of 2021
                      -----------------------------------------------


                                   JUDGMENT

Petitioner was the subscriber in four chits run by the

Kerala State Financial Enterprises Limited (the KSFE). The chits

of the petitioner has been prized and the petitioner received

prize money on furnishing security. The petitioner, however,

did not pay the later instalments of the chits and consequently,

at the instance of the KSFE, proceedings have been initiated

under the Revenue Recovery Act for realization of the amounts

due from the petitioner. The petitioner is aggrieved by the said

proceedings.

2. When the matter was taken up today, the

learned counsel for the petitioner only prayed for indulgence of

this Court to pay the amounts due to the KSFE in convenient

instalments.

3. The learned Standing Counsel for the KSFE

points out that the total liability of the petitioner as of now with

interest would come to Rs.88,62,010/- . It was also pointed out

that there is a one time settlement scheme in force in KSFE at

present and if the petitioner avails the same, the liability would

be substantially reduced.

Having regard to the facts and circumstances of the

case as also the orders passed by this court in similar and

identical writ petitions, I deem it appropriate to dispose of the

writ petition permitting the petitioner to pay the outstanding

liability in eighteen equal monthly instalments, of which the

first instalment shall be paid on or before 01.10.2021. Ordered

accordingly. It is made clear that if the petitioner commits

default in remitting any one of the instalments, the KSFE would

be at liberty to realise the entire dues in lump sum. It is also

made clear that this judgment will not stand in the way of the

petitioner availing the benefit of one time settlement, if he

chooses to do so for the purpose of settling the liability.

Sd/-

P.B.SURESH KUMAR, JUDGE rkj

APPENDIX OF WP(C) 18316/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 1ST RESPONDENT DATED 23.01.2021 ISSUED UNDER SECTION 7 OF THE REVENUE RECOVERY ACT DEMANDING TO PAY AN AMOUNT OF RS.27,17,964/-

Exhibit P2 TRUE COPY OF THE DEMAND NOTICES ISSUED BY THE 1ST RESPONDENT DATED 23.01.2021 ISSUED UNDER SECTION 34 OF THE REVENUE RECOVERY ACT DEMANDING TO PAY AN AMOUNT OF RS.27,17,964/-