Rajani vs State Of Kerala
2024 Latest Caselaw 11170 Ker

Citation : 2024 Latest Caselaw 11170 Ker
Judgement Date : 16 April, 2024

Kerala High Court

Rajani vs State Of Kerala on 16 April, 2024

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
         THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
     TUESDAY, THE 16TH DAY OF APRIL 2024 / 27TH CHAITHRA, 1946
                        WP(C) NO. 15934 OF 2024
PETITIONER/S:

    1     RAJANI, AGED 61 YEARS
          PUTHUR THEKKAYIL, PERUMANNA, PANTHEERANKAVU,
          KOZHIKODE, PIN - 673019
    2     JISHNU P T, AGED 35 YEARS
          17/349, PUTHUR THEKKAYIL, PERUMANNA,
           PANTHEERANKAVU, KOZHIKODE, PIN - 673019
    3     JISHNA P T, AGED 30 YEARS
          17/349, PUTHUR THEKKAYIL, PERUMANNA, PANTHEERANKAVU,
          KOZHIKODE, PIN - 673019
          BY ADVS.
          NIDHI BALACHANDRAN
          PRAJEESH A.J.


RESPONDENT/S:

    1     STATE OF KERALA
          REPRESENTED BY IT'S SECRETARY TO GOVERNMENT,
          DEPARTMENT OF FINANCE, SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001
    2     THE SPECIAL DEPUTY TAHASILDAR (RR)
          THE KSFE LTD, KOZHIKODE, PIN - 673002
    3     KSFE, REPRESENTED BY IT'S IT'S MANAGER, 'BHADRATHA'
          P B NO -510, MUSEUM ROAD,
          CHEMBUKKAVU, THRISSUR, PIN - 680020
          SRI. PREMCHAND R. NAIR
          SRI. SALIL NARAYANAN K.A
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15934 OF 2024                    2



                                JUDGMENT

The petitioners availed chitty from the Westhill

branch of Kerala State Finacial Enterprises (hereinafter

referred to as 'the KSFE'). On committing default in

repayment, the 3rd respondent initiated recovery

proceedings against the petitioner. Aggrieved by the

issuance of notice under Section 36 of the Revenue

Recovery Act, the petitioners have approached this Court

with the above writ petition.

2. During the course of hearing, the petitioners

have confined the relief to an opportunity for repaying the

outstanding amount in instalments.

3. Learned Standing Counsel appearing for the

KSFE would submit that the petitioners committed

default in repayment and the outstanding amount, as on

30.04.2024 is Rs.9,80,156/- (Rupees Nine lakhs eighty

thousand one hundred and fifty six only). It was further

submitted that the KSFE is willing to accept repayment of

the outstanding amount in limited instalments.

4. I have heard the learned counsel for the

petitioners and the learned Standing Counsel for the

KSFE.

5. Having regard to the circumstances of the case

and the situation now prevailing, apart from the

submissions made as recorded above, I am of the view

that the petitioners can be granted an opportunity to

repay the outstanding amount in twelve equated monthly

instalments.

Accordingly, there will be a direction to the KSFE to

accept repayment of the entire outstanding amount of

Rs.9,80,156/- (Rupees Nine lakhs eighty thousand one

hundred and fifty six only) along with any accrued

interest and charges from the petitioners on the

following conditions:

(i) The petitioners are directed to repay the

outstanding amount of Rs.9,80,156/- (Rupees Nine lakhs

eighty thousand one hundred and fifty six only) in twelve

equated monthly instalments along with any accrued

interest/costs;

(ii) The first of such instalment shall be paid on or

before 15.05.2024 and the subsequent instalments shall

be paid on or before the 15th day of succeeding months;