Kerala High Court
Babu Mathai vs The Kerala State Financial ... on 31 March, 2023
W.P.(C). No.11677 of 2023 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945
WP(C) NO. 11677 OF 2023
PETITIONER:
BABU MATHAI
AGED 56 YEARS
S/O. A.C. MATHAI, ATHAPADATH HOUSE, PUTHENCRUZ,
KANINADU P.O., ERNAKULAM DISTRICT, PIN - 682310
BY ADVS.
N.M.MADHU
C.S.RAJANI
RESPONDENTS:
1 THE KERALA STATE FINANCIAL ENTERPRISES LIMITED
KADUNGATHUKUNDU BRANCH, VALAVANNUR GRAMA PANCHAYATH
BUILDING, P.O. KALPAKANCHERRY, MALAPPURAM DISTRICT,
REP. BY ITS BRANCH MANAGER, PIN - 676551
2 THE SPECIAL TAHSILDAR (RR)
K.S.F.E. LTD., ERNAKULAM BRANCH, MORNING STAR
BUILDINGS, CHITTOOR ROAD, KACHERIPADY, ERNAKULAM, PIN -
682018
3 THE DEPUTY DIRECTOR OF EDUCATION
KOTTAPPADY, DOWN HILL, MALAPPURAM DISTRICT, PIN -
676519.
BY ADVS.
SRI.SALIL NARAYANAN.K.A., STANDING COUNSEL FOR R1
SMT.DEEPA NARAYANAN, SENIOR GOVERNMENT PLEADER FOR R2 &
R3
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C). No.11677 of 2023 2
JUDGMENT
Dated this the 31st day of March, 2023
Petitioner has joined the chitties conducted by the Ernakulam Branch of the
Kerala State Financial Enterprises Limited - the 2 nd respondent, and availed the
prize money thereof. Admittedly, repayment was defaulted, consequent to which,
action is initiated by the Kerala State Financial Enterprises Limited, resorting to
the provisions of the Kerala Revenue Recovery Act, 1968, evident from Exhibit P2
series of notice issued under sections 7 & 34 the Act, 1968.
2. According to the petitioner, petitioner is due to retire on 30.4.2023. The
KSFE has issued Exhibit Exhibit P1 notice to the employer of the petitioner i.e.,
the Deputy Director of Education, Kottappady, Malappuram District - the 3 rd
respondent, to recover the amounts specified therein, along with interest and
costs.
3. The case projected by the petitioner is that from and out of the retiral
benefits, the petitioner has no objection in recovering the amount due under
Exhibit P1. Learned Standing Counsel for KSFE submitted that as on today, an
amount of Rs.26,91,922/- is due from the petitioner. Learned counsel for the
petitioner also submitted that the recovery action initiated under the provisions
of the Kerala Revenue Recovery Act, 1968, may be directed to be kept in
abeyance, if the amount is able to be secured from the employer as per Exhibit
P1 requisition made by the Kerala State Financial Enterprises Limited.
4. I have heard learned counsel for petitioner - Sri.N.M.Madhu, learned
Senior Government Pleader - Smt.Deepa Narayanan, learned Standing Counsel
for the KSFE - Sri.Salil Narayanan.K.A. and perused the pleadings and material
on record.
5. The deliberation made above would make it clear that the petitioner has
no objection in recovering the actual amount due, by the employer from his
retiral benefits. Therefore, there will be a direction to the 3 rd respondent to
recover the amount due to the KSFE from the retiral benefits of the petitioner, to
the extent covered under Exhibit P1 along with interest and costs. The 3 rd
respondent may take notice of the submission made by the Kerala State Financial
Enterprises Limited before this Court with respect to the total amount
outstanding due as on today and if the amount due to the KSFE covers the retiral
benefits due to the petitioner, then the coercive action initiated against the
petitioner as per the Kerala Revenue Recovery Act, 1968, shall be kept in
abeyance and if the amount is not recovered, the KSFE will be at liberty to
resurrect action by making appropriate requisition to the recovery authorities.
Writ petition is disposed of accordingly.
Sd/-
SHAJI P.CHALY
smv JUDGE
APPENDIX OF WP(C) 11677/2023
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE NOTICE DATED 23.12.2022
ISSUED BY THE FIRST RESPONDENT TO THE THIRD
RESPONDENT
Exhibit P2 TRUE COPY OF THE NOTICE DATED 07.03.2023
DEMANDING A SUM OF RS.57,550/-
Exhibit P2 (a) TRUE COPY OF THE NOTICE DATED 07.03.2023
DEMANDING A SUM OF RS.95,973/-
Exhibit P2 (b) TRUE COPY OF THE NOTICE DATED 07.03.2023
DEMANDING A SUM OF RS.1,33,556/-
Exhibit P2 (c) TRUE COPY OF THE NOTICE DATED 07.03.2023
DEMANDING A SUM OF RS.4,84,897/-
Exhibit P2 (d) TRUE COPY OF THE NOTICE DATED 07.03.2023
DEMANDING A SUM OF RS.6,09,023/-
Exhibit P2 (e) TRUE COPY OF THE NOTICE DATED 07.03.2023
DEMANDING A SUM OF RS.88,510/-
Exhibit P2 (f) TRUE COPY OF THE NOTICE DATED 07.03.2023
DEMANDING A SUM OF RS.1,33,556/-
Exhibit P2 (g) TRUE COPY OF THE NOTICE DATED 07.03.2023
DEMANDING A SUM OF RS.1,99,319/-
Exhibit P2 (h) TRUE COPY OF THE NOTICE DATED 07.03.2023
DEMANDING A SUM OF RS.51,517/-
Exhibit P2 (i) TRUE COPY OF THE NOTICE DATED 07.03.2023
DEMANDING A SUM OF RS.34,527/-
Exhibit1 P2 (j) TRUE COPY OF THE NOTICE DATED 07.03.2023
DEMANDING A SUM OF RS.1,52,911/-
