Kerala High Court
Ravikumar C R vs Kerala State Financial ... on 23 March, 2023
W.P.(C). No.10286 of 2023 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 23RD DAY OF MARCH 2023 / 2ND CHAITHRA, 1945
WP(C) NO. 10286 OF 2023
PETITIONER:
RAVIKUMAR C R
AGED 69 YEARS
KRISHSNA KRIPA, PILAPPUZHA, HARIPPAD P.O, ALAPPUZHA
DISTRICT, PIN - 690514
BY ADVS.
C.S.MANU
DILU JOSEPH
C.A.ANUPAMAN
T.B.SIVAPRASAD
C.Y.VIJAY KUMAR
MANJU E.R.
ANANDHU SATHEESH
ALINT JOSEPH
RESPONDENTS:
1 KERALA STATE FINANCIAL ENTERPRISES LIMITED (KSFE)
REGISTERED OFFICE "BHADRATHA", P.B. NO.510, MUSEUM ROAD,
CHEMBUKAVU, THRISSUR, PIN - 680020
2 THE ASSISTANT GENERAL MANAGER
REGIONAL OFFICE, KERALA STATE FINANCIAL ENTERPRISES,
MULLACKAL, ALAPPUZHA, PIN - 688001
3 THE BRANCH MANAGER
KERALA STATE FINANCIAL ENTERPRISES, HARIPAD MAIN BRANCH,
HARIPAD P.O., ALAPPUZHA DISTRICT, PIN - 690514
4 THE SPECIAL DEPUTY TAHSILDAR (RR)
KERALA STATE FINANCIAL ENTERPRISES, ALAPPUZHA, PIN - 688001
5 THE VILLAGE OFFICER
HARIPPAD VILLAGE, ALAPPUZHA DISTRICT, PIN - 690514
R1 TO R3 BY SRI.SALIL NARAYANAN, STANDING COUNSEL
R4 & R5 BY SMT. RESHMI.K.M., SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C). No.10286 of 2023 2
JUDGMENT
Dated this the 23rd day of March, 2023
Petitioner has availed a chitty and a chitty loan from the Kerala State
Financial Enterprises Limited. Admittedly, repayment was defaulted, consequent
to which, action is initiated by the KSFE resorting to the provisions of the Kerala
Revenue Recovery Act, 1968, evident from Exhibit P2 notice issued under section
7 of the Act, 1968.
2. Even though various contentions are raised, learned counsel for petitioner
submitted that petitioner may be granted six months time to make the payment.
The learned Standing Counsel, on instructions, submitted that an amount of
Rs.49,10,889/- is due from the petitioner. It is also submitted that reasonable
installments may be provided to the petitioner.
3. I have heard learned counsel for petitioner - Sri.C.S.Manu, learned
Standing Counsel for the KSFE - Sri.Salil Narayanan and perused the pleadings
and material on record.
4. Even though learned counsel for petitioner submitted that the entire
amount would be paid in lump sum, if a six months time is granted, I am not
impressed by the said submission. But at the same time, taking into
consideration the adverse economic and financial situations prevailing in the
community, reasonable installments can be granted to the petitioner.
In that view of the matter, the petitioner is permitted to pay the entire
outstanding amounts in 15 equated monthly installments, starting from
30.3.2023 and balance on the corresponding date of the succeeding months. If
anyone of the installment is defaulted by the petitioner, the KSFE will be at
liberty to proceed in accordance with law and recover the amount in lump.
Writ petition is disposed of accordingly.
Sd/-
SHAJI P.CHALY
smv JUDGE
APPENDIX OF WP(C) 10286/2023
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE DEMAND NOTICE DATED 25-10-
2021 ISSUED BY THE 2ND RESPONDENT TO THE
PETITIONER
Exhibit P2 TRUE COPY OF THE DEMAND NOTICE DATED 17-6-
2022 ISSUED BY THE 4TH RESPONDENT TO THE
PETITIONER
Exhibit P3 TRUE COPY OF THE DEMAND NOTICE DATED
17/03/2023 ISSUED BY THE 4TH RESPONDENT TO
THE PETITIONER
Exhibit P4 TRUE COPY OF THE LETTER DATED 17-3-2023 ISSUE
BY THE 4TH RESPONDENT TO THE SECRETARY,
HARIPAD MUNICIPALITY
