Celine Syriac vs State Of Kerala
2024 Latest Caselaw 5448 Ker

Kerala High Court

Celine Syriac vs State Of Kerala on 16 February, 2024

Author: V Raja Vijayaraghavan

Bench: V Raja Vijayaraghavan

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
      THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  FRIDAY, THE 16TH DAY OF FEBRUARY 2024 / 27TH MAGHA, 1945


                   WP(C) NO. 6036 OF 2024

PETITIONER:

          CELINE SYRIAC
          AGED 66 YEARS
          W/O.SYRIAC KURIEN, MALIYIL HOUSE, PALAMATTOM,
          THATTEKKAD.P.O., ERNAKULAM DISTRICT,
          PIN - 686681

          BY ADVS.
          DINESH MATHEW J.MURICKEN
          JOSHY THANNICKAMATTAM
          VINOD S. PILLAI
          NAYANA VARGHESE


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT,
          ROOM NO.201A, 2ND FLOOR, ANNEXE-1, SECRETARIAT,
          THIRUVANANTHAPURAM CENTRAL.P.O., THIRUVANANTHAPURAM
          DISTRICT, PIN - 695001

    2     THE DISTRICT COLLECTOR
          ERNAKULAM, OFFICE OF DISTRICT COLLECTOR,
          COLLECTORATE, CIVIL STATION.P.O, KAKKANAD, ERNAKULAM
          DISTRICT,, PIN - 682030

    3     THE TAHSILDAR
          KOTHAMANGALAM TALUK OFFICE, KOTHAMANGALAM.P.O.,
          ERNAKULAM DISTRICT, PIN - 686691

    4     THE VILLAGE OFFICER
          KEERAMBARA VILLAGE OFFICE, PUNNEKKAD.P.O,
 W.P.(C).6036 of 2024            2




              ERNAKULAM DISTRICT, PIN - 686681

      5       KERALA FINANCIAL CORPORATION
              ZONAL OFFICE, SNDP SHOPPING COMPLEX, JYOTHI JUNCTION,
              P.P.ROAD, PERUMBAVOOR, ERNAKULAM DISTRICT,
              REPRESENTED BY ITS ZONAL MANAGER, PIN - 683542

      6       THE MANAGING DIRECTOR
              KERALA FINANCIAL CORPORATION, VELLAYAMBALAM.P.O.,
              THIRUVANANTHAPURAM, PIN - 695033

      7       THE BRANCH HEAD
              KERALA FINANCIAL CORPORATION, SARB-CENTRAL ZONE,
              5TH FLOOR, FINANCE TOWER, KALOOR.P.O., ERNAKULAM
              DISTRICT,, PIN - 682017

              BY ADVS.
              ADV. VENUGOPAL M.R.

              S. MUHAMMAD ALIKHAN(K/000644/2020)


              SMY DHANYA P ASHOKAN, SC FOR KERALA FINANCIAL
              CORPORATION



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 16.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C).6036 of 2024                       3




                                      JUDGMENT

The petitioner is the proprietrix of Tapovan Green County Resort

situated near Thattekad. It is stated that she, along with her husband,

commenced the functioning of the resort in the year 2012 after securing

financial facilities from the 5th respondent. This writ petition is filed seeking

the following reliefs:

i) issue writ of certiorari or any other appropriate writ or direction calling for the records leading to Exhibit P14 and to quash the same.

ii) issue writ of mandamus or any other appropriate writ or direction to the 7th respondent to consider Exhibit P15 representation and to pass appropriate order as early as possible and to keep in abeyance all further proceedings pursuant to Exhibit P15 to take the unit of the petitioner

iii) issue writ of mandamus or any other appropriate writ or direction to the respondents 5 to 7 to extend the benefit under One time Settlement scheme for a further period of 90 days enabling the petitioner to conclude the transaction as per Exhibit P16 memorandum of understanding and to close the loan account with the 5th respondent.

2. The learned counsel appearing for the petitioner pointed out

that the petitioner previously approached this Court and filed W.P(C)

No.29788 of 2018. Through an interim order dated 24.9.2018, this Court

directed the Village Officer, Keerampara, to issue a Possession Certificate,

Location Certificate and accept basic tax for the concerned property. The

counsel highlights that since certain amounts were due to the Corporation, a

One Time Settlement Facility was offered to the petitioner. A sum of

Rs.23.08 lakhs was deposited in part payment towards the dues. It is

contended that additional time is needed to fulfill payment obligations under

the One Time Settlement facility, for which purpose Ext.P15 representation

was submitted on 7.02.2024. The counsel requests that directions be issued

to the 7th respondent to consider Ext.P15 representation and urges that any

coercive measures, if any, be deferred until orders are passed.

3. The learned standing counsel representing the respondent

Corporation, vehemently opposed the request made by the petitioner's

counsel.

4. It is submitted that though the respondents have no objection

to considering the representation, it is emphasized that similar

representations have previously been submitted and all possible benefits

have been extended. It is pointed out that the petitioner received a loan of

5.40 crores, with a disbursement of Rs.4.72 crores made in 2018 for

commencing the resort project. The total outstanding amount due from the

petitioner presently stands at Rs.2.77 crores. Pursuant to the petitioner's

request, a one-time settlement facility was granted, which included a rebate

of nearly Rs.1 crore. The remaining amount payable by the petitioner as of

January 2023 is approximately Rs.1.72 crores as per the understanding. As

of December 2022, a sum of Rs.23.8 lakhs have been remitted by the

petitioner. It is submitted that the One Time Settlement facility has been

extended multiple times, with the current extension in effect until

31.03.2024. It is emphasized that the petitioner was expected to remit 10%

of the outstanding amount to avail the benefits of the one-time settlement,

which has not been fulfilled. While there is no objection to considering

Ext.P15, the request to suspend coercive proceedings may not be granted,

submitted the learned counsel.

5. I have heard Sri.Dinesh Mathew J Murikan, the learned counsel

for the petitioner, Smt.Dhanya P. Ashokan, the learned Standing Counsel

appearing for the respondent Corporation and also the learned Government

Pleader.

6. Having regard to the facts and circumstances and submissions

made across the bar, there will be a direction to the competent among the

respondents to consider Ext.P15 and take a decision on or before

31.03.2024. The request of the petitioner to keep all the further

proceedings in abeyance is refused.

This petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V, JUDGE IAP

APPENDIX OF WP(C) 6036/2024

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE LETTER SHOWING THE CLASSIFICATION OF THE PETITIONER'S RESORT ISSUED BY THE ASSISTANT DIRECTOR GENERAL OF HOTEL AND RESTAURANTS APPROVAL AND CLASSIFICATION COMMITTEE DATED 15.05.2018

Exhibit P2 TRUE COPY OF THE STATEMENT WITH RESPECT TO THE LOAN ACCOUNT NO.160410110

Exhibit P3 TRUE COPY OF THE STATEMENT WITH RESPECT TO THE LOAN ACCOUNT NO.160410111

Exhibit P4 TRUE COPY OF THE STATEMENT WITH RESPECT TO THE LOAN ACCOUNT NO.160410112

Exhibit P5 TRUE COPY OF THE STATEMENT WITH RESPECT TO THE LOAN ACCOUNT NO.160410113

Exhibit P6 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 6TH RESPONDENT DATED 22.12.2020

Exhibit P7 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE ZONAL MANAGER DATED 13.01.2021

Exhibit P8 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE ZONAL MANAGER DATED 06.09.2021

Exhibit P9 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 6TH RESPONDENT DATED 14.02.2022

Exhibit P10 TRUE COPY OF THE REVENUE RECOVERY NOTICE ISSUED BY THE 3RD RESPONDENT DEMANDING RS.2,26,92,735/- DATED 02.03.2022

Exhibit P11 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.8301/2022 PASSED BY THIS HONOURABLE COURT DATED 17.06.2022

Exhibit P12 TRUE COPY OF THE THANDAPER ACCOUNT (REGISTER OF RECORDS) WITH RESPECT TO THE SURVEY NO.650/2 ISSUED FROM THE VILLAGE OFFICER, KEERAMPARA DATED 27.09.2023

Exhibit P13 TRUE COPY OF THE INTERIM ORDER IN W.P.(C) NO.29788/2018 PASSED BY THIS HONOURABLE COURT DATED 24.09.2018

Exhibit P14 TRUE COPY OF THE COMMUNICATION ISSUED BY THE 7TH RESPONDENT TO THE PETITIONER DATED 15.01.2024

Exhibit P15 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 7TH RESPONDENT SEEKING TIME TILL DISPOSAL OF W.P.(C) NO.29788/2018 DATED 07.02.2024

Exhibit P16 TRUE COPY OF THE MEMORANDUM OF UNDERSTANDING EXECUTED BETWEEN THE PETITIONER AND JOSEPH SCARIA DATED 05.02.2024