Sureshkumar Ps vs State Of Kerala
2022 Latest Caselaw 4332 Ker

Citation : 2022 Latest Caselaw 4332 Ker
Judgement Date : 7 April, 2022

Kerala High Court

Sureshkumar Ps vs State Of Kerala on 7 April, 2022

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR.JUSTICE N.NAGARESH
         THURSDAY, THE 7TH DAY OF APRIL 2022 / 17TH CHAITHRA, 1944
                         WP(C) NO. 10386 OF 2022
PETITIONER:

              SURESHKUMAR PS
              AGED 52 YEARS
              S/O. PURUSHOTHAMAN, TC 9/2040(15) IBTHI COMPLEX,
              KOCHAR ROAD, SASTHAMANGALAM P.O,
              THIRUVANANTHAPURAM 695 010
              BY ADVS.
              V.G.ARUN (K/795/2004)
              V.JAYA RAGI
              R.HARIKRISHNAN (KAMBISSERIL)
              NEERAJ NARAYAN


RESPONDENTS:

     1        STATE OF KERALA
              REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE ,
              ROOM NO. 327, MAIN BLOCK, SECRETARIAT,
              THIRUVANANTHAPURAM 695 001
     2        LAND REVENUE COMMISSIONER
              REVENUE COMPLEX, PUBLIC OFFICE BUILDING, MUSICIAN
              JUNCTION, THIRUVANANTHAPURAM 695 001
     3        SPECIAL TAHSILDAR
              REVENUE RECOVERY (KSFE) NEW TRADE CENTRE,
              MEDICAL COLLEGE P.O, THIRUVANANTHAPURAM 695 011
     4        MANAGING DIRECTOR,
              KSFE, BHADRATHA, MUSEUM ROAD, THRISSUR-680 684
     5        MANAGER
              KSFE, KESAVADASAPURAM BRANCH, A.K TOWERS,
              OPPOSITE KEDARAM, PATTOM PALACE P.O, KESAVADASAM,
              THIRUVANANTHAPURAM 695 004
              BY ADV P.C.ANIL KUMAR- R4 & R5
              SMT.PARVATHY KOTTOL GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.10386 OF 2022

                               2


                           JUDGMENT

Dated this the 7th day of April, 2022

The petitioner, who is engaged in Real Estate business,

availed chitty loans/advances from the 5th respondent-Manager,

KSFE. The petitioner pledged four items of properties as

security. The petitioner could not repay the amount promptly.

When the outstandings accrued beyond `1.85 Crore,

respondents initiated revenue recovery proceedings. The

petitioner is therefore before this Court seeking to direct

respondents 3 to 5 to release 31.6 cents of property of the

petitioner comprised in Survey Nos.2659/7-3 and 2659/7-4 of

Vattiyurkavu Village, Thiruvananthapuram from the liability and

attachment on receipt `1.20 Crores from the petitioner and to

allow the petitioner to pay the remaining amounts due in

instalments.

2. The learned Standing Counsel for the respondents

resisted the writ petition. The Standing Counsel submitted that WP(C) NO.10386 OF 2022

the petitioner has committed gross default in repayments. The

property in question sought to be released by the petitioner is

the prime property among the pledged properties, on which

respondents 4 and 5 relies for recovery of the entire amount.

According to the Standing Counsel for respondents 4 and 5, the

31.6 cents of property will fetch atleast `1.5 Crore. If this

property is released on receiving `1.2 Crore, respondents 4 and

5 may not be able to recover the balance dues of more than

`65 lakhs from the remaining three items of properties.

3. I have heard the learned counsel for the petitioner,

the learned Government Pleader representing respondents 1 to

3 and the learned Standing Counsel for respondents 4 and 5.

4. On a pointed question, the learned counsel for the

petitioner submitted that the petitioner is ready to deposit an

amount of `1.5 Crore, if the respondents released the property

comprising of 31.6 cents of land. The balance amount payable

can also be remitted within a short period thereafter. WP(C) NO.10386 OF 2022

5. The Standing Counsel submits that if 31.6 cents of

property is released on payment of `1.5 Crore, then the

guarantor will have to execute a separate bond giving consent

to the transaction.

6. Having heard the learned counsel for the petitioner,

the learned Government Pleader representing respondents 1 to

3 and the learned Standing Counsel for respondents 4 and 5,

this Court is of the view that the writ petition can be disposed of

with the following directions:-

1) The petitioner is permitted to remit `1.5 Crores within

a period of ten weeks from today. The respondents shall

release the title deed in respect of the 31.6 cents of property on

payment of the said amount.

2) The petitioner will pay the balance amount due to the

respondents including accruing interest and other charges, if

any, in 15 equal monthly instalments commencing immediately

thereafter.

WP(C) NO.10386 OF 2022

3) If the petitioner commits default in making payment

of `1.5 Crore as directed above, or in paying the monthly

instlaments, the respondents will be at liberty to proceed

against the petitioner, in accordance with law.

4) If the petitioner remits the amount as directed above,

the revenue recovery proceedings initiated, shall stand

deferred.

sd/-

N.NAGARESH JUDGE hmh WP(C) NO.10386 OF 2022

APPENDIX OF WP(C) 10386/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE REPRESENTATION DATED 02-07-2021 ALONG WITH THE DOCUMENT DEPICTING THE VALUATION OF PROPERTIES FILED BEFORE THE 4TH RESPONDENT.

Exhibit P2 A TRUE COPY OF THE REPLY DATED 16-07-

Exhibit P3 A TRUE COPY OF THE REPRESENTATION DATED 05-08-2021 BEFORE THE 2ND RESPONDENT Exhibit P4 THE TRUE COPY OF THE REPLY DATED 12-01-