Pokkar vs The Branch Manager
2023 Latest Caselaw 4607 Ker

               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. 11438 OF 2023
PETITIONER:

          POKKAR
          AGED 57 YEARS
          S/O KUNHABDULLA, KALAMULLATHIL,AYANCHERY,
          PONMERYPARAMBIL.P.O., KOZHIKODE., PIN - 673542
          BY ADV P.K.ABOOBACKER(EDAPPALLY)


RESPONDENTS:

    1     THE BRANCH MANAGER
          KERALA STATE FINANCIAL ENTERPRISES LTD, KOZHIKODE
          EVENING BRANCH, AMBEDKAR BUILDING, RAILWAY STATION LINK
          ROAD, KOZHIKODE,, PIN - 673502
    2     THE SPECIAL DEPUTY TAHSILDAR (R.R.)
          KERALA STATE FINANCIAL ENTERPRISES LTD, ARADHANA KAMALA
          BUILDING, KOZHIKODE, PIN - 673502


          SRI. SALIL NARAYANAN.K.A -SC
          SMT.VIDYA KURIAKOSE, SC



     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.11438 of 2023
                                    2


                            JUDGMENT

Dated this the 12th day of April, 2023

The petitioner has availed one chitty loan and one chitty from

the Kerala State Financial Enterprises Ltd., Kozhikode Evening

Branch - the 1st respondent. Admittedly, repayment was defaulted

consequent to which the Kerala State Financial Enterprises Ltd.,

resorted to coercive action as per the provisions of the Kerala

Revenue Recovery Act, 1968, evident from Exts.P1 and P2 notices

issued under Sections 7 and 34 of the Act.

2. Even though, various contentions are raised learned

counsel for the petitioner submitted that petitioner may be

permitted to pay the outstanding amount in twelve equated

monthly instalments.

3. Learned Standing Counsel for the KSFE Ltd., submitted

that an amount of Rs.68,61,755/- is outstanding against the

petitioner.

4. I have heard the learned counsel for the petitioner, Sri.

P.K Aboobacker, learned Standing Counsel for the KSFE Ltd.,

Sri.Salil Narayanan and learned Senior Government Pleader, Smt.

Vidya Kuriakose and perused the pleadings and material on record.

Taking into consideration the adverse financial and economic W.P.(C) No.11438 of 2023

situations prevailing in the community, I think it is only appropriate

that the petitioner is permitted to pay the outstanding amount in

twelve equated monthly instalments.

Therefore, the writ petition is disposed of, directing the

petitioner to pay the amount outstanding in twelve equated

monthly instalments, starting from 28.04.2023 and the balance on

the corresponding date of the succeeding months. However, I make

it clear that if any one of the instalment is defaulted, the

respondents will be at liberty to resurrect the action and recover

the amount in lump.

Sd/-

SHAJI P. CHALY

JUDGE AP W.P.(C) No.11438 of 2023

APPENDIX OF WP(C) 11438/2023

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE DEMAND NOTICE FOR CHITTY ARREARS WITH RRC.NO.2022/516/11 DATED 12.5.2022 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER Exhibit P2 THE TRUE COPY OF THE DEMAND NOTICE FOR CHITTY LOAN WITH RRC.NO.2022/535/11 DATED 8.6.2022 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER Exhibit P3 THE TRUE COPY OF THE LETTER DATED 20.8.2022 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER FOR SETTLING CHITTY ARREARS Exhibit P4 THE TRUE COPY OF THE LETTER DATED 20.8.2022 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER FOR SETTLING CHITTY LOAN