Ajithkumar vs The Manager
2024 Latest Caselaw 5121 Ker

Kerala High Court

Ajithkumar vs The Manager on 15 February, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
 THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
                         WP(C) NO. 894 OF 2024
PETITIONER:

             AJITHKUMAR
             AGED 64 YEARS
             S/O. SIVARAMAN NAIR, KAUSTHUBHAM
             AYANIVELIKULANGARA NORTH, S.V MARKET P.O,
             KARUNAGAPALLY, KOLLAM DISTRICT, PIN - 695073
             BY ADVS.
             M.AJITH (KARICODE)
             R.MOHANA BABU

RESPONDENTS:

     1       THE MANAGER
             KERALA STATE FINANCIAL ENTERPRISES LTD
             PERUMPUZHA BRANCH SREEKRISHNA BUILDING,
             ELAMPALLOR VILLAGE KOLLAM DISTRICT - 691504
     2       THE SPECIAL DEPUTY TAHSILDAR REVENUE
             RECOVERY, KSFE REGIONAL OFFICE,
             CHIRMAKKADA MAIN, KOLLAM DISTRICT - 691001
     3       MANIJA SAJEEVE
             W/O.SAJEEVE KATTAZHIKATHU VEEDU,
             CHANDANATHOPPE P.O, KOTTAMKARA VILLAGE,
             KOLLAM DISTRICT, PIN - 691004
             BY ADVS.
             SRI.P.V.ANOOP - SC.
             SRI.N.P.PRADEEP



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   15.02.2024,   THE    COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C).No. 894 of 2024
                                      :2:




                                JUDGMENT

When this matter was called today, Sri.M.Ajith - learned

counsel for the petitioner, confined his plea that the

respondents 1 and 2 be directed to allow his client to pay off

the total outstanding in the "Chitty" account availed off by

him, so as to free the property which has been offered as

collateral security by the 3rd respondent, through an

equitable mortgage over it.

2. Sri.P.V.Anoop - learned Standing Counsel for the

Kerala State Financial Enterprises (KSFE), in response,

submitted that, the total amount in the "Chitty" account, as

on today, is Rs.4,35,741/-; and that, if the petitioner, or the 3 rd

respondent, pays of the same, along with the applicable

charges and interest, by the end of March, 2024, they will not

stand in the way of this Court directing the account to be

thus closed.

3. The learned counsel for the petitioner, and the

learned counsel for the 3 rd respondent, acceded to the afore

suggestion.

In the afore circumstances, I allow this writ petition,

granting liberty to the petitioner and/or the 3 rd respondent, to

pay the stated outstanding amount of Rs.4,35,741/-, as of

today, along with all applicable charges and interest, into the

"Chitty" account in the name of the first among them, on or

before 31.03.2024; in which event, the said account will

stand closed, and the 'KSFE' will return the title documents

to the 3rd respondent. I record that this has been acceded to

by the petitioner also.

Sd/-

DEVAN RAMACHANDRAN JUDGE anm

APPENDIX OF WP(C) 894/2024

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE JUDGMENT IN WP(C).

NO.15321/2023 DATED 09.5.2023 OF THIS HON'BLE COURT Exhibit P2 A TRUE COPY OF THE RECEIPT SHOWING REMITTANCE OF RS.1322642 DATED 23.12.2023 ISSUED BY 2ND RESPONDENT Exhibit P3 A TRUE COPY OF SALE DEED NUMBER.1845/2021 EXECUTED BY 3RD RESPONDENT IN FAVOUR OF PETITIONER DATED 29/11/2021

RESPONDENTS' EXHIBITS : NIL.