Ramesh Kumar vs The Special Deputy Tahsildar
2023 Latest Caselaw 3943 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
     THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945
                       WP(C) NO. 11506 OF 2023
PETITIONER:

          RAMESH KUMAR
          AGED 45 YEARS
          S/O. BALAKRISHNAN NAIR,
          KURUPPAMCHERIYIL HOUSE,
          KAKKAD P. O, PIRAVOM, ERNAKULAM,
          PIN - 686 664.

          BY ADVS.
          AJITH GEORGE
          P.T.THAJMINA
          ALOK RAJ
          C.S.SHAHUL HAMEED
          SAJEEVE KUMAR
          ANJITHA MARIA SUNNY
          K.M.TINTU


RESPONDENTS:

    1     THE SPECIAL DEPUTY TAHSILDAR, (RR) KSFE
          ERNAKULAM,
          PIN - 682 018.
    2     THE KERALA STATE FINANCIAL ENTERPRISES
          ARAKKUNNAM BRANCH, ST.GEORGE COMPLEX,
          10/395 A ARAKUNNAM JUNCTION,
          ARAKKUNNAM, ERNAKULAM,
          PIN - 682 313,
          REPRESENTED BY ITS MANAGER.
    3     THOMAS CHACKO
          S/O. CHACKO, PANDENDIVIAL HOUSE,
          PEPATHY, ERNAKULAM,
          PIN - 686 664.

          SRI. ARUN ANTONY - SC
          SMT. RESHMI K.M - SR. GP



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.11506 OF 2023

                                2




                           JUDGMENT

The petitioner states that he stood as surety for

the chitty of the 3rd respondent by deposit of

documents. The 3rd respondent defaulted the

installments and the 2nd respondent initiated revenue

recovery proceedings against the petitioner. The

petitioner submits that he is willing to settle the loan

amount in easy monthly installments.

2. Heard the learned counsel for the petitioner

and the learned Standing Counsel for respondents 1

and 2. In the nature of the direction, I propose to

issue, notice to the 3rd respondent is dispensed with.

3. The learned Standing Counsel for the 2 nd

respondent submits that the total amount

outstanding in the loan account of the 3 rd respondent

is Rs.3,97,000/- and the petitioner has to clear out WP(C).No.11506 OF 2023

the outstanding amount in six equated monthly

installments.

4. Having heard the learned counsel on both

sides, I feel that interest of justice would be met, if

the petitioner is permitted to pay the amount of

Rs.3,97,000/- outstanding in the loan account of the

3rd respondent, in ten equated monthly installments

commencing from 15.04.2023. It is so ordered. If

the petitioner makes any default in payment of any

of the installments as aforesaid, the respondents will

be free to proceed against him to recover the entire

balance amount.

The writ petition is disposed of with the above

direction.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

SPR WP(C).No.11506 OF 2023

APPENDIX

PETITIONER'S EXHIBITS:-

EXHIBIT P1 THE TRUE COPY OF AFFIDAVIT BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 17.08.2018.

EXHIBIT P2 THE DEMAND NOTICE DATED 04.02.2023 ISSUED BY THE 1ST RESPONDENT.

RESPONDENTS EXHIBITS: NIL.