S.Surendran vs The Deputy Inspector General Of ...
2023 Latest Caselaw 4508 Ker

W.P.(C). No.13199/2023              1




                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
     WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945
                         WP(C) NO. 13199 OF 2023
PETITIONER:

              S.SURENDRAN,
              AGED 69 YEARS
              S/O.SADASHIVAN SOPANAM, DWARAKA NAGAR, KASARAGOD,
              KASARAGOD DISTRICT, PIN - 671121
              BY ADVS.
              M.SASINDRAN
              P.K.SUBHASH


RESPONDENTS:

      1       THE DEPUTY INSPECTOR GENERAL OF REGISTRATION AND THE
              CHITTY ARBITRATOR
              NORTH ZONE, KOZHIKODE RED CROSS ROAD, EASTEND C.H OVER
              BRIDGE, MANANCHIRA, KOZHIKODE, PIN - 673 001., PIN -
              673001
      2       THE BRANCH MANAGER
              KERALA STATE FINANCIAL ENTERPRISES LTD., BIG BAZAR
              BUILDING, KASARAGOD, KASARAGOD DISTRICT, PIN - 671121
      3       THE KERALA STATE FINANCIAL ENTERPRISES LTD.,
              CORPORATE OFFICE, `BHADRATHA', MUSEUM ROAD THRISSUR,
              REPRESENTED BY ITS MANAGING DIRECTOR, PIN - 680001



              R2 & R3 BY SRI. SALIL NARAYANAN.K.A
              R1 BY SMT.DEEPA NARAYANAN, SENIOR GOVERNMENT PLEADER


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C). No.13199/2023                     2




                                      JUDGMENT

Dated this the 12th day of April, 2023

Petitioner was a subscriber in Chitty No.33/2014-9 conducted by the Kerala

State Financial Enterprises Limited. Case of the petitioner is that even though the

chitty period has been over, the balance chit amount due to the petitioner is not

paid to the petitioner seeking unnecessary documents. Thereupon, petitioner has

submitted Exhibit P5 before the Deputy Inspector General of Registration & the

Chitty Arbitrator, North Zone, Kozhikode - the 1st respondent, seeking a direction

for consideration of the same. It is evident from Exhibit P5 that petitioner has

claimed 14% interest for the amount alleged to be due to the petitioner. The sole

relief sought for is consideration of Exhibit P5 on an early basis.

Having heard learned counsel for petitioner - Sri.M.Sasindran, learned Senior

Government Pleader - Smt.Deepa Narayanan, and learned Standing Counsel for

Kerala State Financial Enterprises Limited - Sri.Salil Narayanan, the writ petition

is disposed of, directing the 1 st respondent to consider Exhibit P5 in accordance

with law and attain finality to the same, at the earliest, at any rate, within a

month from the date of receipt of a copy of this judgment.

Sd/-

                                                    SHAJI P.CHALY

 smv                                                     JUDGE





                     APPENDIX OF WP(C) 13199/2023

PETITIONER'S EXHIBITS
Exhibit P1            A TRUE COPY OF THE PASS BOOK OF THE
                      PETITIONER IN RESPECT OF THE CHITTY
                      NO.33/2014-9
Exhibit P2            A TRUE COPY OF THE LETTER DATED 07-10-2015

SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT MANAGING DIRECTOR Exhibit P3 A TRUE COPY OF THE REPLY ISSUED BY THE RESPONDENTS THROUGH A LAWYER DATED 04-05-2016 Exhibit P4 A TRUE COPY OF THE JUDGMENT DATED 09-12-2020 IN W.P.(C) 25445 OF 2020 Exhibit P5 A TRUE COPY OF THE COMPLAINT FILED UNDER SECTION 64 OF THE CHITS FUNDS ACT 1982 BEFORE THE FIRST RESPONDENT ON 25-02-2021