Dhanyasree vs The Kerala State Financial ...
2023 Latest Caselaw 5059 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. 13902 OF 2023
PETITIONER/S:

          DHANYASREE
          AGED 40 YEARS
          W/O. SREEKANTH P.N, SREEPORKALI VILASAM, VELIYANNUR
          P.O., KOTTAYAM, PIN - 686634
          BY ADVS.
          J.RAMKUMAR
          ANILKUMAR C.R.
          SUMESH S.
          JOSEPH C.J.
          ANUSHA JOY


RESPONDENT/S:

    1     THE KERALA STATE FINANCIAL ENTERPRISES LIMITED
          UZHAVOOR BRANCH, UZHAVOOR, KOTTAYAM, REPRESENTED BY ITS
          BRANCH MANAGER., PIN - 686634
    2     THE KERALA STATE FINANCIAL ENTERPRISES LIMITED
          RAMAPURAM BRANCH, RAMAPURAM, KOTTAYAM-, REPRESENTED BY
          ITS BRANCH MANAGER., PIN - 686576
    3     THE SPECIAL DEPUTY THAHASILDAR (RR)
          KSFE LTD., MADUKANI CENTRE, MUTTAMBALAM P.O., KOTTAYAM,
          PIN - 686004


          R1 & R2 BY SC- SRI SALIL NARAYANAN
          R3 BY SR.GP- SMT. RESHMI.K.M


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13902 OF 2023
                                    -2-

                             JUDGMENT

Petitioner has availed a loan from the Kerala State Financial

Enterprises Limited (KSFE), Ramapuram branch, Kottayam.

Admittedly, repayment was defaulted, consequent to which, the KSFE

resorted to proceedings under the Kerala Revenue Recovery Act, 1968,

evident from Exts.P1 to P4 notices issued under Sections 7 & 34 of the

Act, 1968.

2. Even though various contentions are raised in the writ

petition attributing illegality to the coercive action, learned Counsel

for the petitioner submitted that it would suffice if the petitioner is

permitted to pay the outstanding amount in 30 equated monthly

installments.

3. Learned Standing Counsel for the KSFE on instructions,

submitted that, as on today, an amount of Rs.54,90,500/- (Rupees

Fifty Four Lakhs Ninety Thousand Five Hundred only) is outstanding

against the petitioner, and objected to the proposal made by the

petitioner for the repayment by 30 installments.

4. I have heard the learned Counsel for the petitioner WP(C) NO. 13902 OF 2023

Sri. J.Ramkumar, learned Standing Counsel for the KSFE Sri. Salil

Narayanan, and the learned Senior Government Pleader Smt. Reshmi

K.M., and perused the pleadings and material on record.

5. Since the petitioner has offered to pay the amount in monthly

installments, taking into consideration the adverse financial and

economic situation prevailing in the community, it is better that the

petitioner is permitted to pay the outstanding amount in 15 equated

monthly installments, starting from 28.04.2023, and the balance on

the corresponding date of the succeeding months. Needless to say, if

any one of the installment is defaulted by the petitioner, the

respondents will be at liberty to resurrect action and recover the

amount in lump.

The writ petition is disposed of accordingly.

Sd/-

SHAJI P.CHALY JUDGE

uu 13.04.2023 WP(C) NO. 13902 OF 2023

APPENDIX OF WP(C) 13902/2023

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE DEMAND NOTICE DATED 19.03.2022 BEARING RRC NO. 2022/1083/05 FOR CHITTY LOAN NO. NCL 141 ISSUED BY THE 3RD RESPONDENT UNDER SECTION 7 OF THE REVENUE RECOVERY ACT Exhibit P2 A TRUE COPY OF THE DEMAND NOTICE DATED 19.03.2022 BEARING RRC NO. 2022/1081/05 FOR CHITTY LOAN NO. 26/2016-15 ISSUED BY THE 3RD RESPONDENT UNDER SECTION 7 OF THE REVENUE RECOVERY ACT Exhibit P3 A TRUE COPY OF THE DEMAND NOTICE DATED 22.03.2022 BEARING RRC NO. 2022/1058/05 FOR CHITTY LOAN NO. 6/2016-6 ISSUED BY THE 3RD RESPONDENT UNDER SECTION 7 OF THE REVENUE RECOVERY ACT Exhibit P4 TRUE COPY OF THE DEMAND NOTICE DATED 12.04.2022 BEARING RRC NO.2022/1067/05 FOR CHITTY LOAN NO. 8/2016-13 ISSUED BY THE 3RD RESPONDENT UNDER SECTION 34 OF THE REVENUE RECOVERY ACT