Thomas.T vs The Special Deputy Tahsildar(Rr)
2023 Latest Caselaw 2808 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. 6369 OF 2023
PETITIONER:

          THOMAS.T
          AGED 60 YEARS
          S/O THOMAS, THOTTAPPALLY HOUSE,
          KOLLUR P.O, MANANTHAVADY,
          WAYANAD DISTRICT, PIN - 670645
          BY ADVS.
          V.SHYAM
          SAHEERA K.


RESPONDENTS:

    1     THE SPECIAL DEPUTY TAHSILDAR(RR)
          KERALA STATE FINANCIAL ENTERPRISES,
          KOZHIKODE KERALA., PIN - 673001
    2     THE MANAGER
          KERALA STATE FINANCIAL ENTEPRISES,
          MANANTHAVADY BRANCH, WAYANAD DISTRICT,
          PIN - 670645


          SRI.P.C.ANILKUMAR,SC



     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.6369 of 2023
                                   2




                           JUDGMENT

Dated this the 1st day of March, 2023

The petitioner has availed a loan from the Kerala State

Financial Enterprises Limited, Manathavady Branch - the 2 nd

respondent. Admittedly, repayment was defaulted and the

loan period is also over. Since the petitioner failed to pay

the loan amount, KSFE initiated recovery action resorting to

the provisions of the Kerala Revenue Recovery Act, 1968,

evident from Exts.P3 and P4 notices issued under Sections

34 and 36 of the Act. It is thus challenging the legality and

correctness of the recovery action, the writ petition is filed.

2. Even though, various contentions are raised

learned counsel for the petitioner submitted that it would

suffice if the petitioner is permitted to pay the outstanding

amount in ten equated monthly instalments.

3. Learned Standing Counsel for the KSFE Ltd.,

submitted that as on today an amount of Rs.4,39,894/- with

accrued interest and other charges is due from the

petitioner; and submitted that reasonable instalments may

be granted.

W.P.(C) No.6369 of 2023

I have heard the learned counsel for the petitioner, Sri.

Shyam V, and learned Standing Counsel for the KSFE Ltd.,

Sri.P.C.Anilkumar and perused the pleadings and material on

record. Taking into consideration the adverse financial and

economic and the other adverse factors prevailing in the

community; petitioner is permitted to pay the outstanding

amount specified above in ten equated monthly instalments

starting from 10.03.2023 and on the corresponding date of

the succeeding months along with accruing interest and

other charges. However, I make it clear that if the petitioner

fails to pay any of the instalment, the respondents are at

liberty to proceed in accordance with law and recover the

amount in lump.

Sd/-

SHAJI P. CHALY

JUDGE AP W.P.(C) No.6369 of 2023

APPENDIX OF WP(C) 6369/2023

PETITIONER EXHIBITS Exhibit P1 A COPY OF THE REPORT OF THE DEPARTMENT OF RDIO DIAGNOSIS GOVERNMENT MEDICAL COLLEGE HOSPITAL KOZHIKODE Exhibit P2 A COPY OF THE DEMAND NOTICE ISSUED BY THE 1ST RESPONDENT DATED 03.10.2022.

Exhibit P3 A COPY OF THE SAID DEMAND PRIOR TO ATTACHMENT OF LAND NOTICE OF THE 1ST RESPONDENT.

Exhibit P4 A COPY OF THE POSSESSION NOTICE ISSUED BY THE 1ST RESPONDENT DATED 10.01.2023.