Eldho Jacob T vs Kerala State Financial Enterprises ...
2023 Latest Caselaw 13241 Ker

Kerala High Court

Eldho Jacob T vs Kerala State Financial Enterprises ... on 15 December, 2023

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
   FRIDAY, THE 15TH DAY OF DECEMBER 2023 / 24TH AGRAHAYANA, 1945
                       WP(C) NO. 37530 OF 2022
PETITIONERS:

    1     ELDHO JACOB T., AGED 49 YEARS, S/O JACOB,
          THERAVAKKATTIL HOUSE, PATTIMATTOM PO,
          ERNAKULAM DISTRICT, PIN - 683562

    2     ISSAC MATHEW, S/O MATHAI, AGED 38 YEARS
          THERAVAKKATTIL HOUSE, PATTIMATTOM PO,
          ERNAKULAM DISTRICT, PIN - 683562

          BY ADVS.
          VINU CHAND
          GEEVARGHESE MATHEW


RESPONDENTS:

    1     KERALA STATE FINANCIAL ENTERPRISES LTD.,
          KOTHAMANGALAM BRANCH, REPRESENTED BY ITS
          BRANCH MANAGER, KOTHAMANGALAM, ERNAKULAM
          DISTRICT, PIN - 686691

    2     THE CHAIRMAN, KERALA STATE FINANCIAL ENTERPRISES LTD
          HEAD OFFICE, THRISSUR, "BHADRATHA", MUSEUM ROAD,
          PB NO. 510, THRISSUR,, PIN - 680020

    3     THE MANAGING DIRECTOR, KERALA STATE FINANCIAL
          ENTERPRISES LTD, HEAD OFFICE, THRISSUR, "BHADRATHA",
          MUSEUM, ROAD, PB NO. 510, THRISSUR, PIN - 680020

    4     THE ADDITIONAL TAHSILDAR, KERALA STATE FINANCIAL
          ENTERPRISES LTD, ERNAKULAM, KACHERIPPADY,
          ERNAKULAM,, PIN - 682018

          BY ADV
          BINDU MOHAN
          SRI.SALIL NARAYANAN - SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 37530/22
                                        2

                             JUDGMENT

Even though various assertions, averments and allegations are

made and urged in this Writ Petition, when this matter was called

today, Sri.Vinu Chand - learned counsel for the petitioners, confined

his plea that Ext.P3 representation preferred by his clients before the

respondent - Kerala State Financial Enterprises (KSFE), be directed to

be taken up and disposed of and that until it is done, further

recovery action pursuant to Ext.P2 be deferred.

2. In response, Sri.Salil Narayanan - learned Standing

Counsel for the respondents, submitted that if the petitioners only

require Ext.P3 representation to be taken up and disposed of in

terms of law, there does not appear to be any legal impediment in

doing so; but prayed that this Court may not make any affirmative

declarations on their entitlement to any relief and leave it to the

competent Authority to take a final decision as per law.

In the afore circumstances, I allow this Writ Petition and direct

the competent among respondents to take up Ext.P3 representation of

the petitioners and to dispose of the same, after affording them an

opportunity of being heard; thus culminating in an appropriate order

and necessary action thereon, as expeditiously as is possible.

Needless to say, until such time as the afore exercise is

completed and the resultant order communicated to the parties, all

further recovery action pursuant to Ext.P2 will stand deferred and

will be taken forward thereafter, depending upon the decision to be

arrived at.

Sd/-

RR                                        DEVAN RAMACHANDRAN
                                                 JUDGE



                 APPENDIX OF WP(C) 37530/2022

PETITIONER EXHIBITS
Exhibit1            THE TRUE COPY OF THE CERTIFICATE ISSUED BY

THE 1ST RESPONDENT SHOWING THE REMITTANCE MADE BY THE PETITIONERS IN CHITTY NOS.22/2013-45 AND 22/2013-44 RESPECTIVELY Exhibit2 A TRUE COPY OF THE REVENUE RECOVERY NOTICE

DATED 15.3.2022, AGAINST THE PROPERTY OF THE 1ST PETITIONER AS WELL AS THE SURETY OF THE 2ND PETITIONER Exhibit3 THE TRUE COPY OF THE REPRESENTATION DATED 2.10.2022 SUBMITTED BY THE PETITIONERS BEFORE THE RESPONDENTS