Anvar.N.V vs The Kerala State Financial ...
2023 Latest Caselaw 2743 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
              THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
     WEDNESDAY, THE 1ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944
                       WP(C) NO. 1902 OF 2023
PETITIONER:
           ANVAR N.V.,
           AGED 54 YEARS,
           S/O ABDUL RAHIMAN, NALAKATH HOUSE,
           VATANAPPALLY.P.O, THRISSUR, PIN - 680 614.

          BY ADVS.
          S.PRASANTH SUGATHAN(AYYAPPANKAVU)
          VARSHA BHASKAR
          THRESSY THOMAS
          ANUPAMA SIBI

RESPONDENTS:
    1      THE KERALA STATE FINANCIAL ENTERPRISES LTD.,
           REPRESENTED BY ITS MANAGING DIRECTOR, BHADRATHA,
           MUSEUM ROAD, PIN - 680 020.

    2     THE DEPUTY TAHSILDAR (REVENUE RECOVERY),
          KSFE LTD, BHADRATHA , MUSEUM ROAD,
          THRISSUR, PIN - 680 020.

    3     MANAGER, KSFE LTD.,
          PRESS CLUB ROAD BRANCH, ANNA ARCADE,
          OPPOSITE PRESS CLUB, ERNAKULAM, PIN - 682 011.

    4     MANAGER, KSFE LTD.,
          ERNAKULAM MAIN BRANCH, DOOR NO.66/3434, 1ST FLOOR,
          PEARL SQUARE, YMCA JUNCTION, CHITTOOR ROAD,
          ERNAKULAM, PIN - 682 035.

    5     MANAGER, KSFE LTD.,
          THRISSUR-II (SHORNUR ROAD) BRANCH, 2ND FLOOR,
          SUHARSHA TOWERS, NEAR CO-OPERATIVE HOSPITAL,
          SHORNUR ROAD, THRISSUR, PIN - 680 001.

          BY ADV K.A.SALIL NARAYANAN

          R1,3 TO 5 - SRI.K.A.SALIL NARAYANAN,SC
          R2 - SMT.RESHMI.K.M,SENIOR GOVERNMENT PLEADER



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C).No.1902 of 2023
                                          : 2:


                                SHAJI P. CHALY, J.
                   -------------------------------------------------
                           W.P.(C).No.1902 of 2023
                   --------------------------------------------------
                   Dated this the 1st day of March, 2023

                                    JUDGMENT

The petitioner is a subscriber to various chitties conducted by the

Kerala State Financial Enterprises Ltd., Press Club Road Branch, Ernakulam,

and other branches, namely respondents 4 and 5. Repayment of the chit

amounts were defaulted, consequent to which proceedings were initiated

as per the provisions of the Kerala Revenue Recovery Act, 1968, evident

from Ext.P3 notice issued under Sections 34 and 7 of the Act, 1968. It is,

thus, challenging the legality and correctness of the coercive action, the

writ petition is filed.

2. On going through the pleadings, I am satisfied that virtually the

amounts due from the petitioner to KSFE is admitted. However, it is

submitted that the petitioner has been put through various difficulties and

therefore, he could not repay the amount on time.

3. It is further submitted that the petitioner has found a buyer to sell

the properties which are mortgaged with KSFE; therefore, appropriate

directions may be issued to lift the attachment and permit the petitioner to

go ahead with the sale of the properties in order to repay the amounts due

to KSFE.

4. A statement is filed by the respondents stating that, if the

petitioner is complying with certain conditions put forthwith by the KSFE,

KSFE is prepared to take steps for lifting the attachment and permitting the

petitioner to sell off the property and pay the amounts due to KSFE. W.P.(C).No.1902 of 2023

5. The learned Standing Counsel for the KSFE also submitted that if

the petitioner and the proposed buyer are executing a tripartite agreement

with KSFE and undertaking to pay the amount to KSFE from the initial sale

proceeds, KSFE is prepared to lift the attachment of the properties in

question.

6. Therefore, after having heard the learned counsel for the

petitioner, Sri.Prasanth Sugathan and the learned Standing Counsel for

KSFE, Sri.Salil Narayanan and the learned Government Pleader for the 2nd

respondent, Smt. Vidya Kuriakose, the writ petition is disposed of, leaving

open the liberty of the petitioner to execute a tripartite agreement with

KSFE with the juncture of the proposed buyer, and if any tripartite

agreement is so executed, the KSFE will take appropriate steps to lift the

attachment enabling the petitioner to sell off the property and pay the

amount to the KSFE.

I make it clear that the KSFE is at liberty to make suitable conditions

for the agreement in order to ensure receipt of the payment from the sale

proceeds of the property sold to the proposed buyer. I also make it clear

that if any One Time Settlement Scheme is available, the benefit of the

same shall be extended to the petitioner, and that if any amounts are

remitted, adjustments shall also be given to the said amounts.

Sd/-

SHAJI P. CHALY, JUDGE

ak W.P.(C).No.1902 of 2023

APPENDIX OF WP(C) 1902/2023

PETITIONER'S EXHIBITS:-

Exhibit P1 TRUE COPY OF THE EXTRACT OF THE BANK STATEMENT OF THE PETITIONER IN IDFC FIRST BANK.

Exhibit-P2 TRUE COPY OF THE DEMAND NOTICE DATED 13-

04-2021 ISSUED BY THE 2ND RESPONDENT.

Exhibit-P3 TRUE COPY OF THE DEFAULT DETAILS OF THE PETITIONER AND HIS WIFE AS ON 21-11-

2022.

Exhibit P4 TRUE COPY OF THE DEMAND NOTICE DATED 28-

11-2022 ISSUED BY THE 2ND RESPONDENT.