Shibu Marshal T vs The Dy. Tahsildar
2023 Latest Caselaw 4346 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
              THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
     TUESDAY, THE 4TH DAY OF APRIL 2023 / 14TH CHAITHRA, 1945
                      WP(C) NO. 11695 OF 2023
PETITIONER:

          ANANTHAVISHNU M.K.,
          AGED 33 YEARS,
          S/O MURUKAN V., UTHRADAM, KOLLAMVILAKAM, ARUMANOOR,
          POOVAR, THIRUPURAM, THIRUVANANTHAPURAM, PIN - 695 525.
          BY ADVS.
          R.N.SANDEEP
          KEERTHI VIJAYAN


RESPONDENT:

          KERALA FINANCIAL CORPORATION (KFC) THIRUVANANTHAPURAM
          BRANCH, REPRESENTED BY ITS CHIEF MANAGER,
          KANAKA, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN-695 033.
          BY ADVS.
          ADV. VENUGOPAL M.R.
          DHANYA P.ASHOKAN(K/001671/2000)
          S. MUHAMMAD ALIKHAN(K/000644/2020)
          SREEDARSHAN SUDHAKARAN(K/1349/2023)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.04.2023, ALONG WITH WP(C).42081/2018, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 W.P.(C).Nos.11695 of 2023 & 42081 of 2018

                                            : 2:




                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
      TUESDAY, THE 4TH DAY OF APRIL 2023 / 14TH CHAITHRA, 1945
                            WP(C) NO. 42081 OF 2018
PETITIONER:

              SHIBU MARSHAL T.,
              AGED 31 YEARS
              S/O THAMBI B., SHIBU BHAVAN, NEENDAKARA ROAD,
              NEENDAKARA, KOLLAM-691882.
              BY ADV R.N.SANDEEP


RESPONDENTS:

      1       THE DY. TAHSILDAR,
              REVENUE RECOVERY, THRISSUR TALUK OFFICE, OPP. THRISSUR
              TOWN HALL, CHEMBUKKAV, THRISSUR-680 020.
      2       THE KERALA FINANCIAL CORPORATION,
              THIRUVANANTHAPURAM BRANCH, REPRESENTED BY ITS CHIEF
              MANAGER, KANAKA VELLAYAMBALAM,
              THIRUVANANTHAPURAM-695 033.
      3       THE DISTRICT COLLECTOR,
              1ST FLOOR, CIVIL STATION, CIVIL STATION LINES ROAD,
              KALYAN NAGAR, AYYANTHOLE, THRISSUR-680 003.
              BY ADVS.
              M.R.VENUGOPAL
              DHANYA P.ASHOKAN


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.04.2023, ALONG WITH WP(C).11695/2023, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 W.P.(C).Nos.11695 of 2023 & 42081 of 2018

                                            : 3:


                                  SHAJI P. CHALY, J.
               --------------------------------------------------------------
                W.P.(C).Nos.11695 of 2023 & 42081 of 2018
               -------------------------------------------------------------
                     Dated this the 04th day of April, 2023

                                      JUDGMENT

Petitioners in these writ petitions are partners of a firm namely

Ask Engineering and Constructions. The firm has availed a loan from the

Kerala Financial Corporation (KFC). Consequent to the failure on the part of

the petitioners to repay the loan amount, recovery action was initiated as per

the provisions of the Kerala Revenue Recovery Act, 1968, evident from Ext.P2

notice dated 26.07.2018 issued under Section 7 of the Act, 1968. It is, thus,

challenging the legality and correctness of the coercive action,

W.P.(C).No.42081 of 2018 is filed. Another partner has filed the connected

writ petition challenging the notice issued by the KFC to settle the transaction

in Adalat.

2. Even though various contentions are raised in the writ petitions

attributing illegality to the action initiated by the KFC, today when the matter

was taken up, the learned counsel for the petitioners submitted that

petitioners are prepared to pay 10% of the amount along with OTS

application on or before 30.04.2023 in order to avail the OTS benefit.

3. The learned Standing Counsel for the KFC submitted that an amount

of Rs.16.65 lakhs is outstanding against the petitioners as on 31.03.2023, and

if the petitioners are paying 10% of the said amount along with OTS

application, it will be duly considered by the Managing Director or competent W.P.(C).Nos.11695 of 2023 & 42081 of 2018

authority of the KFC.

4. I have heard the learned counsel for the petitioners Sri. R.N.Sandeep,

and the learned Standing Counsel for the Kerala Financial Corporation,

Sri.M.R.Venugopal and perused the pleadings and material on record.

5. The deliberations made above would make it clear that a serious

adjudication of the contentions put forth by the petitioners in the writ

petitions are not required.

6. Therefore, there will be a direction to the petitioners to pay 10% of the

amount outstanding with GST along with an application for settling the

transaction in a One Time Settlement Scheme offered by the Kerala Financial

Corporation before 30.04.2023. If 10% of the amount plus GST is paid along

with the application for OTS, it shall be considered by the Managing Director

or the competent authority at the earliest and at any rate within two weeks

from the date of receipt of the application along with the amounts as

specified above from the petitioner. The learned Standing Counsel also

submitted that if OTS is permitted, the petitioners may have to pay the same

within a period of three months. The said submission is placed on record.

The writ petition is disposed of as above.

Sd/-

SHAJI P. CHALY, JUDGE

ak W.P.(C).Nos.11695 of 2023 & 42081 of 2018

APPENDIX OF WP(C) 11695/2023

PETITIONER'S EXHIBITS:-

Exhibit P1 TRUE COPY OF THE NOTICE DATED 24/11/2022 ISSUED BY THE RESPONDENT BANK.

W.P.(C).Nos.11695 of 2023 & 42081 of 2018

APPENDIX OF WP(C) 42081/2018

PETITIONER'S EXHIBITS:-

EXHIBIT P1 THE TRUE COPY OF THE NOTICE DATED 4.11.2017 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P2 THE TRUE COPY OF THE DEMAND NOTICE DATED 26.7.2011 ISSUED BY THE 1ST RESPONDENT.

W.P.(C).Nos.11695 of 2023 & 42081 of 2018