Thomson Lawrence vs Kerala State Financial ...
2022 Latest Caselaw 450 Ker

Citation : 2022 Latest Caselaw 450 Ker
Judgement Date : 13 January, 2022

Kerala High Court

Thomson Lawrence vs Kerala State Financial ... on 13 January, 2022

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
  THURSDAY, THE 13TH DAY OF JANUARY 2022/23RD POUSHA, 1943
                      WP(C) NO. 1166 OF 2022


PETITIONER:

         THOMSON LAWRENCE,
         S/O.BILBAN LAWRENCE,
         AGED 52 YEARS, AAN DALE,
         KURISHUMOTTOM ROAD, PERUKAVU P.O.,
         THIRUVANANTHAPURAM 695 573.

         BY ADVS.
         SHERRY J. THOMAS
         JOEMON ANTONY
         RENISH RAVEENDRAN
         THAMANA BAI
         LIGISH XAVIER


RESPONDENTS:

 1       KERALA STATE FINANCIAL ENTERPRISES LIMITED (KSFE)
         HEAD OFFICE, THIRUVANANTHAPURAM 695 036
         REPRESENTED BY ITS CHAIRMAN.

 2       KERALA STATE FINANCIAL ENTERPRISES LIMITED (KSFE),
         BALARAMAPURAM EVENING BRANCH (366),
         ISMAIL BUILDING, KODINADA, BALARAMAPURAM P.O.,
         THIRUVANANTHAPURAM - 695 501
         REPRESENTED BY ITS MANAGER.

 3       THE MANAGER, KERALA STATE FINANACIAL
         ENTERPRISES LIMTIED (KSFE)
         BALARAMAPURAM EVENING BRANCH (366),
         ISMAIL BUILDING, KODINADA,
         BALARAMAPURAM P.O., THIRUVANANTHAPURAM 695 501.

         BY ADV.SRI.SALIL NARAYANAN K.A., SC FOR KSFE

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 13.01.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C)No.1166/2022

                               2




                         JUDGMENT

Dated this the 13th day of January, 2022

The petitioner, who has availed certain advances from

the 1st respondent-KSFE Ltd. through its 2 nd respondent

Branch, has approached this Court seeking to direct the

respondents to permit the petitioner to avail the benefit

under the ASWAS Scheme.

2. The learned Standing Counsel for the

respondents submits that the ASWAS Scheme is open till

31.01.2022 and if the petitioner makes appropriate

application before respondents 2 and 3, the petitioner's

claim can be considered in accordance with the provisions

contained in the Scheme and all benefits available under

the Scheme can be granted to the petitioner. WP(C)No.1166/2022

In the circumstances, the writ petition is disposed of

permitting the petitioner to make appropriate application

before respondents 2 and 3 for availing the benefit of

ASWAS Scheme.

Sd/-

APPENDIX OF WP(C) 1166/2022

PETITIONER'S EXHIBITS

EXHIBIT P1 THE TRUE COPY OF THE NOTICE DATED 30.04.2021 FROM THE 3RD RESPONDENT FOR THE TOTAL AMOUNT OF RS.3,00,000/- EXHIBIT P2 THE TRUE COPY OF THE DEMAND NOTICE DATED 18.03.2021 FOR AN AMOUNT OF RS.2,50,000/-.

EXHIBIT P3 THE TRUE COPY OF THE STATEMENT ISSUED BY THE 3RD RESPONDENT MANAGER FOR RS.2,50,636/-

EXHIBIT P3 A THE TRUE COPY OF THE ANOTHER STATEMENT SLIP IS ISSUED BY THE MANAGER, POINTING OUT THE LIABILITY OF AMOUNT OF RS.4,69,464/-

EXHIBIT P3 B THE TRUE COPY OF THE ANOTHER STATEMENT ISSUED BY THE MANAGER POINTING OUT THE DUES 2,30,333/- EXHIBIT P3 C THE TRUE COPY OF THE NEXT STATEMENT ISSUED FOR AN AMOUNT OF RS.2,50,636/- EXHIBIT P3 D THE TRUE COPY OF THE LAST STATEMENT ISSUED BY THE MANAGER FOR AN AMOUNT OF RS.3,87,825/-

EXHIBIT P4 THE TRUE COPY OF THE LETTER FROM THE KERALA STATE FINANCIAL ENTERPRISES LIMITED DATED 10.12.2021.

EXHIBIT P4 A THE TRUE COPY OF THE LETTER DATED 22.12.2021.