Babu Antoney vs Kerala State Financial ...
2022 Latest Caselaw 3672 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR.JUSTICE N.NAGARESH
     THURSDAY, THE 24TH DAY OF MARCH 2022 / 3RD CHAITHRA, 1944
                       WP(C) NO. 10182 OF 2022
PETITIONER:

          BABU ANTONEY,
          AGED 60 YEARS,
          S/O.ANTONEY,
          NADAKKEPARAMBIL HOUSE,
          PATHIRAPALLI P.O.,
          ALAPPUZHA DISTRICT.

          BY ADV K.C.SUDHEER


RESPONDENTS:

    1     KERALA STATE FINANCIAL ENTERPRISES LIMITED,
          BHADRATHA, MUSEUM ROAD,
          THRISSUR-680020,
          REPRESENTED BY ITS MANAGING DIRECTOR.

    2     THE KERALA STATE FINANCIAL ENTERPRISES LTD.,
          EVENING BRANCH AT MULLACKAL,
          ALAPPUZHA-688011,
          REPRESENTED BY ITS MANAGER.

    3     THE KERALA STATE FINANCIAL ENTERPRISES LTD.,
          VELLAKINAR BRANCH AT VELLAKINAR,
          ALAPPUZHA-688001,
          REPRESENTED BY ITS MANAGER.

          SRI.ANILKUMAR P.C., SC, KSFE


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C)No.10182/2022

                                  2




                              JUDGMENT

Dated this the 24th day of March, 2022

The petitioner, who is a Theatre Artist, is before

this Court seeking to consider Ext.P8 representation within

a time frame. The petitioner also seeks to direct the

respondent-KSFE to grant one year time to the petitioner

to settle the Chitties one by one.

2. The petitioner states that he is a Theater Artist

and proprietor of BHARATH Communications and

ALLEPPEY Theatres. He bid various Chitties of the 1 st

respondent-KSFE. Due to Covid-19 pandemic, the

petitioner could not conduct the theatre performances in

the years 2020-2021. Therefore, the petitioner could not WP(C)No.10182/2022

repay the amounts due to the respondents. Now, the 2 nd

and 3rd respondents have initiated Revenue Recovery

proceedings against the property pledged by the

petitioner. The petitioner states that he will be able to

clear the liabilities within a period of one year. The

petitioner has submitted Ext.P8 representation to the 1 st

respondent.

3. I have heard the learned counsel for the

petitioner and the learned Standing Counsel representing

the respondents.

4. Taking into consideration the facts projected by

the petitioner, this Court is of the view that the grievance

of the petitioner can be considered by the 1 st respondent.

The petitioner has already placed Ext.P8 representation

before the 1st respondent.

In the circumstances, the writ petition is

disposed of directing the 1st respondent to consider Ext.P8 WP(C)No.10182/2022

representation submitted by the petitioner and take

appropriate decision thereon within a period of two

months. Revenue Recovery proceedings taken against

the petitioner/guarantors shall stand deferred till a decision

is taken on Ext.P8 and communicated to the petitioner.

Sd/-

N. NAGARESH JUDGE SR WP(C)No.10182/2022

APPENDIX OF WP(C) 10182/2022

PETITIONER'S EXHIBITS:

Exhibit P1 COPY OF NOTICE DATED 10.2.2022 ISSUED TO THE PETITIONER WITH RESPECT TO THE CHITTY NO.99/2016(A-

47) BY MANAGER K S F E VELLAKINAR BRANCH.

Exhibit P2 COPY OF NOTICE DATED 10.2.2022 ISSUED TO THE PETITIONER WITH RESPECT TO THE CHITTY NO.135/2018 (A-366) BY MANAGER K S F E VELLAKINAR BRANCH.

Exhibit P3 COPY OF NOTICE DATED 10.2.2022 ISSUED TO THE PETITIONER WITH RESPECT TO THE CHITTY NO.262/2015(A-

9) BY MANAGER K S F E VELLAKINAR BRANCH.

Exhibit P4 COPY OF NOTICE DATED 10.2.2022 ISSUED TO THE PETITIONER WITH RESPECT TO THE CHITTY NO.135/2018 (A-365) BY MANAGER K S F E VELLAKINAR BRANCH.

Exhibit P5 COPY OF NOTICE DATED 10.2.2022 ISSUED TO THE PETITIONER WITH RESPECT TO THE CHITTY NO.135/2018 (A-370) BY MANAGER K S F E VELLAKINAR BRANCH.

Exhibit P6 COPY OF NOTICE DATED 10.2.2022 ISSUED TO THE PETITIONER WITH RESPECT TO THE CHITTY NO.59/2019 (A-

10) BY MANAGER K S F E VELLAKINAR BRANCH.

Exhibit P7 COPY OF NOTICE DATED 10.3.2022 ISSUED TO THE PETITIONER WITH RESPECT TO THE CHITTY NO.242/2018 (A-14) BY MANAGER K S F E VELLAKINAR BRANCH.

 WP(C)No.10182/2022




      Exhibit P8      COPY    OF    REPRESENTATION   DATED
                      22.11.2021    GIVEN   TO   THE   1ST

RESPONDENT BY THE PETITIONER. Exhibit P9 COPY OF AGREEMENT DATED 1.3.2022 BETWEEN THE PETITIONER AND WITH ONE JOSHI THOMAS.

Exhibit P10 COPY OF AGREEMENT DATED 28.2.2022 BETWEEN THE PETITIONER AND WITH ONE RAJU VARGHESE.

     SR              //TRUE COPY//             PA TO JUDGE