Sajina T.P vs State Of Kerala
2023 Latest Caselaw 10748 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
 THURSDAY, THE 19TH DAY OF OCTOBER 2023 / 27TH ASWINA, 1945
                      WP(C) NO. 33514 OF 2023
PETITIONER:

             SAJINA T.P
             AGED 39 YEARS
             RESIDING AT KUNDATHIL HOUSE,
             MAMMAKUNNU, P.O KADAMBOOR,
             KANNUR DISTRICT, PIN - 670663
             BY ADVS.
             M.M.DEEPA
             P.MAYA

RESPONDENTS:

     1       STATE OF KERALA
             REPRESENTED BY SECRETARY TO THE GOVERNMENT,
             DEPARTMENT OF REVENUE, GOVERNMENT OF KERALA,
             SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
     2       THE DISTRICT COLLECTOR
             CIVIL STATION, COLLECTORATE ROAD,
             THAVAKKARA, KANNUR DISTRICT - 670002
     3       THE SPECIAL DEPUTY TAHSILDAR
             REVENUE RECOVERY, KERALA STATE FINANCIAL
             ENTERPRISE, HASSAN ARCADE, OPPOSITE
             CIVIL STATION, KANNUR, PIN - 670002
     4       THE VILLAGE OFFICER
             MUZHAPPILANGAD VILLAGE,
             KANNUR, PIN - 670662
     5       KERALA STATE FINANCIAL ENTERPRISE
             FORT ROAD, KANNUR, PIN - 670001
             REPRESENTED BY BRANCH MANAGER
             BY ADV.
             SRI.SALIL NARAYANAN K.A. - SC



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   19.10.2023,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C).No. 33514 of 2023
                                        :2:



                     DEVAN RAMACHANDRAN, J.
                 =========================
                      W.P.(C).No. 33514 of 2023
                ==========================
                Dated this the 19th day of October, 2023

                                  JUDGMENT

When this matter was called today, Sri.Salil Narayanan K. A.

- learned Standing Counsel for "Kerala State Financial Enterprises

Limited" ('KSFE' for short), submitted that, the total outstanding in

the loan account of the petitioner, as on 11.10.2023, is

Rs.22,14,643/-; and that if she is willing to pay the same in not

more than 20 equal monthly installments, his client will not stand

in the way of this Court disposing of this writ petition on such

terms.

2. Smt.M.M.Deepa - learned counsel for the petitioner, fully

agreed to the afore and prayed that this writ petition be thus

ordered.

In the afore circumstances, I allow this writ petition, granting

liberty to the petitioner to pay the total outstanding amount in the

loan account, namely, Rs.22,14,643/- as on 11.10.2023, with all

applicable charges and interest, in 20 equal monthly installments

commencing from 30.11.2023. If this is done, the KSFE shall close

the loan account and return the security documents to her, on

proper receipt.

W.P.(C).No. 33514 of 2023

After the petitioner remits the first 10 installments as afore, she

will be at liberty to approach the Managing Director of the KSFE with

an appropriate application for reduction, and if any such is to be

afforded to her, then the same shall be reduced from the subsequent

EMI's and inform her appropriately, which also she will pay without

any avoidable delay.

Needless to say, as long as the petitioner pays as per the

above directions, all further action pursuant to Ext.P10 will stand

deferred; but if she defaults payment of any two consecutive

installments as ordered above, the KSFE will be at full liberty to

invoke appropriate remedies for recovery of the total balance

amount as per law, without having to obtain any further orders

from this Court.

Sd/-

DEVAN RAMACHANDRAN JUDGE anm W.P.(C).No. 33514 of 2023

APPENDIX OF WP(C) 33514/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 02.07.2020 AND MADE IN WP(C) NO.11046 OF 2020 OF THIS HON'BLE COURT Exhibit P2 TRUE COPY OF THE LETTER DATED 03.08.2020 SENT BY THE PETITIONER TO THE 5TH RESPONDENT Exhibit P3 TRUE COPY OF THE NOTICE DATED 13.08.2020 WITH REF.NO: STD/RR/KNR/5538/18-19 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER Exhibit P4 TRUE COPY OF THE COMMUNICATION DATED 19.07.2021 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 07.11.2022 SENT BY THE PETITIONER TO THE 5TH RESPOND Exhibit P6 TRUE COPY OF THE RECEIPT WITH REF NO:

SDT/RR/KNR/5884/2019-20 DATED 14.03.2023 Exhibit P7 TRUE COPY OF THE RECEIPT WITH NO:

SDT/RR/KNR/5883/2019-20 DATED 14.03.2023 Exhibit P8 TRUE COPY OF THE RECEIPT NO:

SDT/RR/KNR/5886/2019-20 DATED 14.03.2023 Exhibit P9 TRUE COPY OF THE REPRESENTATION DATED 21.09.2023 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P10 TRUE COPY OF THE COMMUNICATION WITH REF.NO: STD/RR/5538, 5883, 5884, 5885/19- 20 DATED 25.09.2023 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER

RESPONDENTS' EXHIBITS : NIL.