Kerala High Court
Santhosh P vs Kerala State Financial Enterprises ... on 11 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 15037 OF 2024
PETITIONER:
SANTHOSH P
AGED 35 YEARS
KANIYANKONAM, PALIYODE, KOTTACKAL, ANAVOOR,
NEYYATTINKARA, THIRUVANANTHAPURAM, PIN - 695124
BY ADV M.R.SARIN
RESPONDENTS:
1 KERALA STATE FINANCIAL ENTERPRISES LIMITED (KSFE)
BHADRATHA, SADASIVAM COMPLEX, P.B NO. 510, MUSEUM
ROAD, THRISSUR REPRESENTED BY ITS MANAGING DIRECTOR,
PIN - 680020
2 MANAGING DIRECTOR
THE KERALA STATE FINANCIAL ENTERPRISES LTD, BHADRATHA,
SADASIVAM COMPLEX, P.B NO. 510, MUSEUM ROAD,
THRISSUR 680020.
3 THE BRANCH MANAGER
THE KERALA STATE FINANCIAL ENTERPRISES LTD,
PERUMKADAVILA BRANCH [365] PERUMKADAVILA
THIRUVANTHAPURAM, PIN - 695124
4 SPECIAL DEPUTY TAHASILDHAR [RR]
OFFICE OF SPECIAL DEPUTY TAHASILDHAR [RR
NEYYANTTINKARA PO, THIRUVANTHAPURAM, PIN - 695121
SRI.SALIL NARAYANAN K.A., SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 15037 OF 2024 2
JUDGMENT
When this matter was called today, Sri.K.A.Salil Narayanan -
learned Standing Counsel for the respondent - Kerala State Financial
Enterprises Ltd. (KSFE), submitted that, the total outstanding in the
loan account of the petitioner, as on 21.11.2023, is Rs.10,54,594/-; and
that if he is willing to pay the same in not more than 18 equal monthly
installments, his client will not stand in the way of this Court disposing
of this writ petition on such terms.
2. Sri.M.R.Sarin - 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.10,54,594/-, as on 21.11.2023, with all applicable
charges and interest, in 18 equal monthly installments commencing
from 01.06.2024. If this is done, the respondent - 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.P2 & P3 will stand
deferred; but if he defaults payment of two installments as ordered
above, the respondent - 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
APPENDIX OF WP(C) 15037/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF NOTICE ISSUED BY THE 2ND
RESPONDENT TO THE PETITIONER DATED ON
15.07.2021
Exhibit P2 THE TRUE COPY OF THE DEMAND NOTICE ISSUED
BY THE 4TH RESPONDENT TO THE PETITIONER
DATED 21.11.2023 UNDER SECTION 7 OF REVENUE
RECOVERY ACT ISSUED BY THE4TH RESPONDENT TO
THE PETITIONER DATED 21.11.2023 UNDER
SECTION 7 OF REVENUE RECOVERY ACT
Exhibit P3 THE TRUE COPY OF THE DEMAND NOTICE ISSUED
BY THE4TH RESPONDENT TO THE PETITIONER
DATED 21.11.2023 UNDER SECTION 34 OF
REVENUE RECOVERY ACT
