Sunny K.A vs State Of Kerala
2023 Latest Caselaw 4948 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. 11525 OF 2023
PETITIONER:

          SUNNY K.A
          AGED 58 YEARS
          S/O ANTONY, KUNNIYIL HOUSE, PALEMAD.P.O., EDAKKARA
          EDAKKARA VILLAGE, NILAMBUR TALUK MALAPPURAM DISTRICT,
          PIN - 679331
          BY ADVS.
          VARGHESE C.KURIAKOSE
          SUSANTH SHAJI
          ALBIN A. JOSEPH
          AMRITHA.J
          KURUVILLA MATHEW
          VIPIN C. VARGHESE
          JISHNU A.L.
          AGNA JOY


RESPONDENTS:


    1     STATE OF KERALA
          REPRESENTED BY SECRETARY, DEPARTMENT OF FINANCE
          SECRETARIAT, TRIVANDRUM, PIN - 695001
    2     THE KERALA STATE FINANCE ENTERPRISES
          HEAD OFFICE, CHEMBUKKAV, THRISSUR REPRESENTED BY ITS
          SECRETARY, PIN - 680020
    3     THE CHAIRMAN AND MANAGING DIRECTOR
          KERALA STATE FINANCE ENTERPRISES HEAD OFFICE,
          CHEMBUKKAV, THRISSUR, PIN - 680020
    4     THE DEPUTY COLLECTOR
          RECOVERY, KERALA STATE FINANCE ENTERPRISES CHEMBUKAVU,
          THRISSUR, PIN - 680020
    5     THE DEPUTY TAHASILDAR
          RECOVERY, KERALA STATE FINANCE ENTERPRISES ,
          M.J.TOWERS, FIRST FLOOR, RAILWAY STATION ROAD, OPP. NEW
          AROMA, PALAKKAD, PIN - 678001
    6     THE MANAGER
          KERALA STATE FINANCIAL ENTERPRISES, NILAMBOOR BRANCH,
          NILAMBOOR, PIN - 679329
 W.P.(C) No.11525 of 2023
                                        2

     7       THE MANAGER
             KERALA STATE FINANCIAL ENTERPRISES WANDOOR BRANCH
             FATHIMA BUILDING PANDIKKAD ROAD WANDOOR.P.O.,
             MALAPPURAM, PIN - 679328
     8       THE MANAGER
             KERALA STATE FINANCIAL ENTERPRISES KALIKAVU BRANCH,
             KL SH 39, MARUDINGAL, KALIKAVU, PIN - 676525
     9       THE MANAGER
             KERALA STATE FINANCIAL ENTERPRISES EDAKKARA BRANCH,
             MUSLIYARANGADI, EDAKKARA, MALAPPURAM, PIN - 679331
     10      THE MANAGER
             KERALA STATE FINANCIAL ENTERPRISES MANIMOOLI
             BRANCH, 1ST FLOOR VADASSERI BUILDING MANIMOOLY,
             MALAPPURAM, PIN - 679333
             BY ADV BINDU MOHAN

             SC- SMT. BINDU MOHAN
             SR.GP- SMT. DEEPA NARAYANAN


      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.11525 of 2023
                                  3


                           JUDGMENT

Dated this the 13th day of April, 2023

The petitioner has availed chitty loan from the Kerala State

Financial Enterprises Limited. 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. According

to the petitioner, if the property attached was sold earlier the

liability of the petitioner would have been much less. Anyhow,

raising various grievances, petitioner has submitted Ext.P6

before the Managing Director of KSFE Ltd., which is pending

consideration seeks direction for disposal of the same, within a

time frame to be fixed by this Court.

Having heard counsel for the petitioner, Sri. Varghese

C.Kuriakose, learned Standing Counsel for the KSFE Ltd.,

Smt.Bindu Mohan and learned Senior Government Pleader, Smt.

Deepa Narayanan; the writ petition is disposed of directing the

Managing Director of KSFE to consider and dispose of Ext.P6 at

the earliest, at any rate, within month from the date of receipt W.P.(C) No.11525 of 2023

of a copy of this judgment after providing a notice of hearing to

the petitioner and any other interested person.

Sd/-

SHAJI P. CHALY

JUDGE AP W.P.(C) No.11525 of 2023

APPENDIX OF WP(C) 11525/2023

PETITIONER EXHIBITS Exhibit P1 TRUE PHOTOSTAT COPY OF THE DEMAND NOTICE DATED 21.06.2016 ISSUED FROM THE 6TH RESPONDENT Exhibit P2 TRUE PHOTOSTAT COPY OF THE SETTLEMENT REPRESENTATION DATED 27.06.2018 SUBMITTED TO THE 3RD RESPONDENT Exhibit P3 TRUE PHOTOSTAT COPY OF THE RECCOMMENDATION LETTER ISSUED BY THE MLA DATED 27.06.2018 Exhibit P4 TRUE PHOTOSTAT COPY OF THE LETTER DATED 05.09.2018 ISSUED BY THE 6TH RESPONDENT REF: NO 16/15-A/12 Exhibit P5 TRUE PHOTOSTAT COPY OF THE LETTER DATED 05.9.2018 ISSUED FROM THE 6TH RESPONDENT REF: NO 21/2023-A/12 Exhibit P6 TRUE PHOTOSTAT COPY OF THE APPLICATION DATED 17.11.2022 SUBMITTED BY THE PETITIONER TO THE MANAGING DIRECTOR Exhibit P7 TRUE PHOTOSTAT COPY OF THE REPRESENTATION DATED 04.02.2023 SUBMITTED TO THE MANAGING DIRECTOR OF THE 2ND RESPONDENT Exhibit P8 TRUE PHOTOSTAT COPY OF THE ACKNOWLEDGMENT CARD SIGNED BY THE 3RD RESPONDENT ON 28.02.2023