Abdul Hameed vs The Kerala State Financial ...
2023 Latest Caselaw 4923 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
            THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 13TH DAY OF APRIL 2023 / 23RD CHAITHRA, 1945
                     WP(C) NO. 13567 OF 2023
PETITIONER:

            ABDUL HAMEED
            S/O. HAMEED
            AGED 56 YEARS
            KOMBANADUKKA HOUSE', CHEMMANAD POST, KASARAGOD
            DISTRICT, PIN - 671121
            BY ADVS.
            VINU CHAND
            C.R.VINOD KUMAR
            GEEVARGHESE MATHEW


RESPONDENTS:

    1       THE KERALA STATE FINANCIAL ENTERPRISES LTD.,
            REPRESENTED BY ITS BRANCH MANAGER
            KASARAGOD BRANCH,
            NEAR NEW BUS STAND,
            KASARAGOD,
            PIN - 671121

    2       THE SPECIAL DEPUTY TAHASILDAR (REVENUE RECOVERY)
            KERALA STATE FINANCIAL ENTERPRISES LTD.,
            HUSSIAN ARCADE,
            OPPOSITE CIVIL STATION,
            KANNUR,
            PIN - 670002



            R1 BY SRI. P.C. ANILKUMAR, SC
            R2 BY SMT. DEEPA NARAYANAN, SENIOR GOVERNMENT
            PLEADER


     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   13.04.2023,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C.) No. 13567/2023          2




                            JUDGMENT

Petitioner has availed a chitty loan from the Kerala

State Financial Enterprises Ltd., (KSFE), Kasargod Branch.

Admittedly, repayment was defaulted, consequent to which

KSFE initiated recovery action resorting to the provisions of

the Kerala Revenue Recovery Act, 1968, evident from

Ext.P1 notice issued under Section 36 of the said Act.

2. Even though various contentions are raised,

learned counsel for the petitioner submitted that petitioner

is prepared to pay the outstanding amount in twenty

equated monthly instalments.

3. Learned Standing Counsel for KSFE on

instructions submitted that as on today, an amount of

Rs.7,54,351/- is outstanding against the petitioner.

However, objected to the proposal mooted by the petitioner

for repayment of the same in twenty equated monthly

instalments, but stated that the court may pass appropriate

orders.

4. I have heard learned counsel for the petitioner,

Sri. Vinu Chand, learned Standing Counsel for KSFE,

Sri. P.C. Anilkumar and learned Senior Government Pleader,

Smt. Deepa Narayanan, and perused the pleadings and

material on record.

5. Considering the adverse financial and economic

situations and other factors prevailing in the community, I

am of the view that reasonable equated monthly

instalments can be provided to the petitioner for payment

of the outstanding amount. Therefore, the petitioner is

directed to pay the outstanding amount in fifteen equated

monthly instalments, starting from 28.04.2023 and the

balance instalments on the corresponding date of the

succeeding months.

6. Needless to say, if the petitioner defaults any one

of the instalments, the respondents will be at liberty to

resurrect the recovery proceedings and recover the amount

in lump.

The writ petition is disposed of as above.

Sd/-

SHAJI P. CHALY JUDGE DCS/12.04.2023

APPENDIX

PETITIONER EXHIBITS

EXHIBIT P1 THE TRUE COPY OF THE RECOVERY NOTICE ISSUED BY THE 2ND RESPONDENT, BEARING NO.SDT /RR / KNR /5205 /18-19 DATED 16.1.2023

EXHIBIT P2 THE TRUE COPY OF THE APPLICATION DATED 20.3.2023 SUBMITTED BY THE PETITIONER FOR ONE TIME SETTLEMENT BEFORE THE RESPONDENTS