Kerala High Court
Najimsha.M.H vs The Special Deputy Tahsildar (Rr) on 30 April, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 30TH DAY OF APRIL 2024 / 10TH VAISAKHA, 1946
WP(C) NO. 16674 OF 2024
PETITIONERS:
1 NAJIMSHA.M.H
AGED 46 YEARS
CHAMAVILAYIL, KOCHUKARIKKAKAM, DAIVAPURA.P.O,
THENNOOR VILLAGE, NEDUMANGAD TALUK,
THIRUVANANTHAPURAM, PIN - 695563
2 SANAL LAL.B
AGED 44 YEARS
KRISHNA HOUSE, MUTHIKKADU, KANJINADA.P.O,
PALODE VILLAGE, NEDUMANAGAD TALUK,
THIRUVANANTHAPURAM, PIN - 695562
BY ADV M.R.SARIN
RESPONDENTS:
1 THE SPECIAL DEPUTY TAHSILDAR (RR)
OFFICE SPECIAL DEPUTY TAHSILDAR (RR) KSFE LTD,
NEW TRIDA CENTRE, 2ND FLOOR, MEDICAL COLLEGE.P.O,
THIRUVANANTHAPURAM, PIN - 695011
2 THE MANAGER
KSFE PALODE BRANCH, PALODE.P.O,
THIRUVANANTHAPURAM, PIN - 695562
3 THE ASSISTANT EXECUTIVE ENGINEER
LSGD ENGINEERING SUB DIVISION PERUMKADAVILA,
THIRUVANANTHAPURAM, PIN - 695124
4 THE HEADMISTRESS
GOVERNMENT TRIBAL HIGH SCHOOL, PALODE- BRAIMORE ROAD,
IDINJAR, TRIVANDRUM, PIN - 695563
5 THE HEADMISTRESS
GOVERNMENT HIGH SCHOOL BHARATHANNOOR, VAMANAPURAM-
CHITTAR ROAD, BHARATHANOOR, PIN - 695616
SMT. DEEPA NARAYANAN, SR.GP
SRI. SALIL NARAYANAN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 16674 OF 2024
2
JUDGMENT
The petitioners stood as guarantors for one Sudheendran
Pillai who subscribed to a chit conducted by the KSFE,
Thiruvananathapuram. The original borrower defaulted the
repayment of the chit amount and hence recovery proceedings
have been initiated against the petitioners. The petitioners
submitted Exts.P7 to P10 representations before respondents 1 and
2 stating that before proceeding against them, they have to proceed
against the legal heirs of the original borrower, who is no more.
2. Having heard the learned counsel for the petitioners and the
learned standing counsel for the KSFE, this writ petition is
disposed of as follows:
i) The petitioners shall pay a sum of Rs.1 Lakh
towards the chit amount due to the 2nd respondent
within a period of one month.
ii) On such payment, respondents 1 and 2 are
WP(C) NO. 16674 OF 2024
directed to consider and dispose of Exts.P7 to P10
representations after hearing the petitioners.
Sd/-
DR.KAUSER EDAPPAGATH
JUDGE
NP
WP(C) NO. 16674 OF 2024
APPENDIX OF WP(C) 16674/2024
PETITIONERS' EXHIBITS
Exhibit P1 THE TRUE COPY OF THE PROHIBITORY ORDER ISSUED
BY THE 1ST RESPONDENT TO THE 4TH RESPONDENT
FOR THE REVENUE RECOVERY PROCEEDINGS AGAINST
THE 1ST PETITIONER DATED 10.02.2024
Exhibit P2 THE TRUE COPY OF THE PROHIBITORY ORDER ISSUED
BY THE 1ST RESPONDENT TO THE 4TH RESPONDENT
FOR THE REVENUE RECOVERY PROCEEDINGS AGAINST
THE 2ND PETITIONER DATED 10.02.2024
Exhibit P3 THE TRUE COPY OF THE INTIMATION SENT BY THE
4TH RESPONDENT TO SUB TREASURY OFFICER,
VITHURA AGAINST RECOVERY PROCEEDINGS OF 1ST
PETITIONER DATED 20.07.2023
Exhibit P4 THE TRUE COPY OF THE INTIMATION SENT BY THE
4TH RESPONDENT TO THE SUB TREASURY OFFICER,
VITHURA AGAINST THE RECOVERY PROCEEDINGS OF
2ND PETITIONER DATED 3.06.2023
ExhibitP 5 THE TRUE COPY OF THE INTIMATION SENT TO THE
SUB TREASURY OFFICER, NEYYATTINKARA BY THE 3RD
RESPONDENT DATED 21.11.2023
ExhibitP 6 THE TRUE COPY OF THE INTIMATION SENT TO THE
SUB TREASURY, KILIMANOOR DATED 11.07.2023
Exhibit P7 THE TRUE COPY OF THE REPRESENTATION FILED BY
THE 1ST PETITIONER TO THE 2ND RESPONDENT DATED
30.03.2024
ExhibitP 8 THE TRUE COPY OF THE REPRESENTATION FILED BY
THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT
DATED 30.03.2024
Exhibit P9 THE TRUE COPY OF THE REPRESENTATION FILED BY
THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT
DATED 30.03.2024
Exhibit P10 THE TRUE COPY OF THE REPRESENTATION FILED BY
THE 2ND PETITIONER BEFORE THE 1ST RESPONDENT
DATED 30.03.2024
RESPONDENTS' EXHIBITS: NIL
