Suresh P.K vs Kerala State Financial ...
2022 Latest Caselaw 6814 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE V.G.ARUN
     TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
                        WP(C) NO. 11886 OF 2022
PETITIONER/S:

          SURESH P.K
          AGED 54 YEARS
          S/O.KANNAN, PARAYANKATTIL, MERICODE, PARAVUR - 683 511.
          BY ADV B.RAMACHANDRAN


RESPONDENT/S:

    1     KERALA STATE FINANCIAL ENTERPRISES LIMITED (KSFE)
          ALANGED BRANCH, PARAVUR, PIN - 683 511, REPRESENTED BY
          ITS BRANCH MANAGER.
    2     THE SPECIAL DEPUTY TAHASILDAR (RR)
          KSFE, ERNAKULAM, 2ND FLOOR, ADITHYA PRIME, OPP.
          ERNAKULATHAPPAN GROUND, DURBAR HALL ROAD, KOCHI - 682
          016.
    3     THE VILLAGE OFFICER
          ALANGAD VILLAGE, ALANGAD - 683 511.
OTHER PRESENT:

          GP P.S.APPU


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 11886 OF 2022
                                 2

                              JUDGMENT

Dated this the 14th day of June, 2022

The petitioner availed a home loan from the 1st respondent

and defaulted in repayment. This resulted in revenue recovery

proceedings being initiated against the petitioner and his

properties. The solitary submission of the petitioner is that he

should afforded an opportunity to repay the amount in

reasonable installments and the recovery proceedings initiated

against his property should be kept on hold.

Learned counsel for the petitioner submitted that the

petitioner suffered from Diabetic Foot Ulcer Neurapathy

immediately after availing the loan and his property and

residential house was completely damaged in the 2018 floods.

Learned Standing Counsel submitted that maximum

leniency was shown to the petitioner, in spite of which the

petitioner failed to settle the loan account.

Considering the difficulties faced by the petitioner, the

writ petition is disposed of directing the petitioner to remit an

amount of Rs.5,00,000/- on or before 30.6.2022 and the balance

amount due, with interest and costs, in twelve equated monthly WP(C) NO. 11886 OF 2022

installments, to be remitted before the 30th of every succeeding

month. The default in remitting any one installment will result

in the benefit granted under this judgment being withdrawn

and the KSFE being at liberty to continue the recovery

proceedings. If the amount is remitted without default,

recovery based on Exts.P3 and P4 shall be kept in abeyance.

Sd/-

V.G ARUN JUDGE

SJ WP(C) NO. 11886 OF 2022

APPENDIX OF WP(C) 11886/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF CERTIFICATE OF THE PETITIONER DATED 31/08/2018 ISSUED BY DR.BOBBY V. THAMPI OF CHERYPULASSERY CO-OPERATIVE HOSPITAL. Exhibit P2 TRUE COPY OF NOTICE DATED NIL ISSUED BY 1ST RESPONDENT.

Exhibit P3 TRUE COPY OF NOTICE DATED 03/03/2022 ISSUED BY 2ND RESPONDENT.

Exhibit P4 TRUE COPY OF NOTICE BEFORE ATTACHMENT OF 2ND RESPONDENT DATED 03/03/2022 UNDER SECTION 34 OF THE REVENUE RECOVERY ACT.

Exhibit P5 TRUE COPY OF THE PETITIONER'S OUT PATIENT RECORD DATED 17/06/2021 OF TALUK HEAD QUARTERS HOSPITAL, NORTH PARAVUR.