Mohanan Pillai V vs Kerala State Financial ...
2023 Latest Caselaw 5064 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. 13757 OF 2023
PETITIONERS:


     1     MOHANAN PILLAI V
           AGED 66 YEARS, S/O, K. VASUDEVA KURUP,
           RESIDING AT S.M. HOUSE, KAROOR, PURAKKAD VILLAGE,
           AMBALAPUZHA P.O,, ALAPPUZHA DISTRICT, PIN - 688561
     2     SUDHA MOHAN
           AGED 65 YEARS, W/O. MOHANAN PILLAI V,
           RESIDING AT S.M. HOUSE, KAROOR, PURAKKAD VILLAGE,
           AMBALAPUZHA P.O,, ALAPPUZHA DISTRICT., PIN - 688561
     3     SUMESH MOHAN
           AGED 35 YEARS, S/O. MOHANAN PILLAI V,
           RESIDING AT S.M. HOUSE, KAROOR, PURAKKAD VILLAGE,
           AMBALAPUZHA P.O,, ALAPPUZHA DISTRICT., PIN - 688561
     4     SUBHASH MOHAN,
           AGED 32 YEARS, S/O. MOHANAN PILLAI V,
           RESIDING AT S.M. HOUSE, KAROOR, PURAKKAD VILLAGE,
           AMBALAPUZHA P.O,, ALAPPUZHA DISTRICT., PIN - 688561
           BY ADVS.
           C.SIVADAS
           T.D.SUSMITH KUMAR
RESPONDENTS:


     1     KERALA STATE FINANCIAL ENTERPRISES LTD
           CORPORATE OFFICE AT "BHDRATHA", MUSEUM ROAD,
           THRISSUR-,
           REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR,
           PIN - 680020
     2     THE DEPUTY COLLECTOR ( REVENUE RECOVERY)
           KERALA STATE FINANCIAL ENTERPRISES LTD.,
           CORPORATE OFFICE AT "BHADRATHA'',
           MUSEUM ROAD, THRISSUR-, PIN - 680020
     3     KERALA STATE FINANCIAL ENTERPRISES LTD.
           AMBALAPUZHA BRANCH, VYAPARA BHAVAN BUILDING,
           AMBALAPUZHA-. REPRESENTED BY ITS BRANCH MANAGER,
           PIN - 688561
     4     SPECIAL DEPUTY TAHSILDAR( REVENUE RECOVERY)
           (K.S.F.E.), AT A.C.J MANSION, SEA VIEW WARD,
           ALAPPUZHA, PIN - 688001
 W.P.(C) No.13757 of 2023
                                 2

            SC- SRI. P.C ANILKUMAR
            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.13757 of 2023
                                    3


                            JUDGMENT

Dated this the 13th day of April, 2023

The petitioners have availed chitty and chitty loan from the

Kerala State Financial Enterprises Limited, Ambalapuzha

Branch, Alappuzha District. Admittedly, repayment was defaulted

consequent to which the Kerala State Financial Enterprises Ltd., has

issued recovery notices, which are under challenge in this writ

petition.

2. Even though, various contentions are raised learned

counsel for the petitioners submitted that petitioners may be

permitted to pay the outstanding amount in equated monthly

instalments.

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

that altogether an amount of Rs.63,32,251/- is outstanding against

the petitioners.

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

C.Sivadas, learned Standing Counsel for the KSFE Ltd., Sri.P.C

Anilkumar and learned Senior Government Pleader, Smt. Deepa

Narayanan and perused the pleadings and material on record.

Taking into consideration the adverse financial and economic W.P.(C) No.13757 of 2023

situations prevailing in the community, and since the petitioners

have offered to pay the outstanding amount in reasonable

instalments, it is only proper that the petitioners are permitted to

pay the outstanding amount in fifteen equated monthly

instalments.

Therefore, the writ petition is disposed of directing the

petitioners to pay the amount outstanding in fifteen equated

monthly instalments, starting from 28.04.2023 and the balance

amount on the corresponding date of the succeeding months.

However, I make it clear that if any one of the instalment is

defaulted, respondents will be at liberty to proceed in accordance

with law and recover the amount in lump.

Sd/-

SHAJI P. CHALY

JUDGE AP W.P.(C) No.13757 of 2023

APPENDIX OF WP(C) 13757/2023

PETITIONER EXHIBITS Exhibit1 TRUE COPY OF THE LETTER DATED 30-04-2022 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONERS Exhibit2 TRUE COPY OF THE NOTICE DATED 13-02-2023 ISSUED BY THE 4TH RESPONDENT TO THE VILLAGE OFFICER Exhibit3 TRUE COPY OF THE LETTER DATED 23-02-2023 ISSUED BY THE 4TH RESPONDENT TO THE EXECUTIVE ENGINEER PWD