Citation : 2024 Latest Caselaw 10105 Ker
Judgement Date : 5 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
WP(C) NO. 2740 OF 2024
PETITIONER:
FIROS KHAN R.,
S/O.RAFIA BEEVI
AGED 46 YEARS
RESIDING AT VENGAVILA VEEDU, ERAPPIL, MANCODE P.O.,
KOLLAM, PIN - 691559
BY ADVS.
B.MOHANLAL
P.S.PREETHA
ASWIN V. NAIR
AJAY S. KOSHY
JAYAPRABHA ARJUN
BLESSY MARY SEBASTIAN
RESPONDENTS:
1 THE KERALA STATE FINANCIAL ENTERPRISES LIMITED
REGISTERED OFFICE BHADRATHA, P.B.NO:510, MUSEUM ROAD,
CHEMBUKKAVU P.O., THRISSUR, PIN - 680020
2 THE BRANCH MANAGER
THE KERALA STATE FINANCIAL ENTERPRISES LIMITED, MEDICAL
COLLEGE BRANCH, MEDICAL COLLEGE P.O.,
THIRUVANANTHAPURAM, PIN - 695011
3 THE ASSISTANT EDUCATIONAL OFFICER
GENERAL EDUCATION DEPARTMENT, ANCHAL P.O.,
KOLLAM, PIN - 691306
4 SRI.HAREES A.
THE HEADMASTER, GOVERNMENT L.P.S., VENCHEMBU P.O.,
PUNALUR, KOLLAM, PIN - 691333
5 SMT.NASEERA BEEGUM B.
AGRICULTURAL OFFICER, KRISHI BHAVAN, ARUVAPPALAM,
PATHANAMTHITTA, PIN - 689691
BY ADVS.
BINDU MOHAN
SHINE N.S
SRI.P.C.ANILKUMAR - SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 2740 OF 2024 2
JUDGMENT
When this matter was called today, Sri.P.C.Anilkumar - learned
Standing Counsel for respondents 1 and 2 - Kerala State Financial
Enterprises Ltd. (KSFE), submitted that, the total outstanding amount
in the chitty account of the petitioner, as on 05.04.2024 is
Rs.2,64,430/-; and that if he is willing to pay the same in not more than
10 equal monthly installments, his client will not stand in the way of
this Court disposing of this writ petition on such terms.
2. Sri.Mohan Lal B. - 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
chitty account, namely, Rs.2,64,430/- as on 05.04.2024, with all
applicable charges and interest, in 10 equal monthly installments
commencing from 15.05.2024. If this is done, the KSFE shall close the
chitty account of the petitioner.
Needless to say, as long as the petitioner pays as per the above
directions, all further action pursuant to Exts.P2 and P3 will stand
deferred; but if he defaults payment of 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 MC/5.4
APPENDIX OF WP(C) 2740/2024
PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE RELEVANT PAGES OF THE CHITTY PERSONAL LEDGER MAINTAINED BY THE 2ND RESPONDENT DATED 21/12/2023 IN THE NAME OF THE PETITIONER Exhibit P2 THE TRUE COPY OF THE NOTICE NO:093/79/2020/164 DATED 17/11/2023 ISSUED BY THE 2ND RESPONDENT TO THE 4TH RESPONDENT Exhibit P3 THE TRUE COPY OF THE NOTICE NO:AEOACL/2010/2023-B DATED 12/12/2023 ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT Exhibit P4 THE TRUE COPY OF THE RECEIPTS DATED 10/11/2023 AND 21/12/2023 EVIDENCING THE PAYMENT OF THE AMOUNT BY THE PETITIONER TO THE 2ND RESPONDENT
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