Shobha Premkumar vs The District Collector
2024 Latest Caselaw 16833 Ker

Kerala High Court

Shobha Premkumar vs The District Collector on 12 June, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     WEDNESDAY, THE 12TH DAY OF JUNE 2024 / 22ND JYAISHTA, 1946
                          WP(C) NO. 20960 OF 2024
PETITIONER:

              SHOBHA PREMKUMAR
              AGED 56 YEARS
              MANIYAMTHURUTHIL HOUSE, KADAKURISU, NAYARAMBALAM.P.O,
              VYPIN, ERNAKULAM DISTRICT, PIN - 682509
              BY ADVS.
              P.J.JUSTINE
              C.H.ABDUL RASAC


RESPONDENTS:

     1        THE DISTRICT COLLECTOR
              ERNAKULAM DISTRICT COLLECTORATE, KAKKANAD, ERNAKULAM, PIN
              - 682030
     2        THE SPECIAL DEPUTY TAHASILDAR (REVENUE RECOVERY),
              KSFE LTD, ERNAKULAM, KOCHI, PIN - 682018
     3        THE KERALA STATE FINANCIAL ENTERPRISES
              NJARAKKAL BRANCH,NJARAKKAL, KOCHI, REP.BY ITS MANAGER,
              PIN - 682505


              SRI.SALIL NARAYANAN K.A., SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 20960 OF 2024
                                              2

                                       JUDGMENT

When this matter was called today, the learned

Standing Counsel for the 3rd respondent - 'Kerala

State Financial Enterprises ("KSFE" for short)',

submitted that the loan account of the petitioner

involved in this case can be settled for a total

amount of Rs.10,87,425/-, as on 30.05.2024, along

with all applicable charges and interest, provided

same is paid by her in not more than 20 equal

monthly instalments.

2. The learned counsel for the petitioner -

Sri.P.J.Justine, accepted the afore suggestion.

Taking note of the afore submissions and in

order to obtain a balance between the rival

interests of the parties, I allow this writ

petition, permitting the petitioner to pay off the

aforementioned amount, along with all applicable

charges and interest, in 20 equal monthly WP(C) NO. 20960 OF 2024

installments commencing from 15.07.2024

Needless to say, if the amounts as afore are

paid by the petitioner, the account will stand

closed and the KSFE will return to her all security

documents as are necessary; but, if on the contrary,

any two instalments are defaulted, the benefit of

this judgment will be lost to her and the KSFE will

be at full liberty to pursue further action pursuant

to Ext.P1, without having to obtain further orders

from this Court.

It is also needless to say, therefore, that as

long as the amounts as afore are paid, all further

action pursuant to Ext.P1 will stand deferred.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS WP(C) NO. 20960 OF 2024

APPENDIX OF WP(C) 20960/2024

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE NOTICE DATED 29.12.2023 ISSUED BY THE 2ND RESPONDENT Exhibit P2 TRUE COPY OF THE RECEIPT DATED 03.01.2024 ISSUED BY THE KSFE, NJARAKKAL BRANCH Exhibit P3 TRUE COPY OF THE TREATMENT RECORDS OF THE PETITIONER Exhibit P4 TRUE COPY OF THE TREATMENT RECORDS OF THE YOUNGER SON OF THE PETITIONER