Thomas P vs The Kerala State Financial ...
2023 Latest Caselaw 11231 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
           THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     FRIDAY, THE 27TH DAY OF OCTOBER 2023 / 5TH KARTHIKA, 1945
                      WP(C) NO. 35269 OF 2023
PETITIONER:

             THOMAS P
             AGED 58 YEARS, S/O. ANTONY PLAKKAL,
             EDAPETTY, MUTTIL, WAYANAD DISTRICT - 673122
             BY ADV.
             SRI.K.RAKESH

RESPONDENTS:

       1     THE KERALA STATE FINANCIAL ENTERPRISES (KSFE)
             KALPETTA BRANCH, WAYANAD DISTRICT - 673121
             REPRESENTED BY ITS MANAGER
       2     THE SPECIAL DEPUTY TAHASILDAR (RR)
             KERALA STATE FINANCIAL ENTERPRISES (KSFE),
             KOZHIKODE, PIN - 673006
             BY ADV.
             SRI.SALIL NARAYANAN K.A. - SC.



       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    27.10.2023,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C).No. 35269 of 2023
                                        :2:


                     DEVAN RAMACHANDRAN, J.
                 =========================
                      W.P.(C).No. 35269 of 2023
                ==========================
                Dated this the 27th 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 31.10.2023, is

Rs.22,30,939/-; and that if he 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. Sri.K.Rakesh - 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.22,30,939/- as on 31.10.2023, 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 him, on

proper receipt.

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

above directions, all further action pursuant to Exts.P1 and P2, will W.P.(C).No. 35269 of 2023

stand deferred; but if he 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. 35269 of 2023

APPENDIX OF WP(C) 35269/2023

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 2ND RESPONDENT AS PER SECTION 7 OF THE KERALA REVENUE RECOVERY ACT DATED 08- 08-2023 Exhibit P2 A TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT UNDER SECTION 34 OF THE KERALA REVENUE RECOVERY ACT DATED, 08-08-

RESPONDENTS' EXHIBITS : NIL.