Kerala High Court
Babu A vs Special Deputy Tahsildar (R.R.) on 23 May, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
WP(C) NO. 17069 OF 2024
PETITIONER:
BABU A.
AGED 59 YEARS
S/O ABRAHAM, PENIEL VILLA, KAKKAMUKAL, VEERANAKAVU
P.O., KATTAKADA, THIRUVANANTHAPURAM DISTRICT,
PIN - 695572
BY ADV BABU CHERUKARA
RESPONDENTS:
1 SPECIAL DEPUTY TAHSILDAR (R.R.)
KERALA STATE FINANCIAL ENTERPRISES LTD, NEW TRIDA
CENTRE, IIND FLOOR, MEDICAL COLLEGE P.O.,
THIRUVANANTHAPURAM, PIN - 695011
2 THE BRANCH MANAGER
KERALA STATE FINANCIAL ENTERPRISES LTD, VAZHUTHACAUD
BRANCH, THYKADU P.O., THIRUVANANTHAPURAM, PIN - 695014
3 THE MANAGING DIRECTOR
KERALA STATE FINANCIAL ENTERPRISES LTD, HEAD OFFICE,
BHADRATHA, CHEMBUKAVU, MUSEUM ROAD, TRISSUR,
PIN - 680001
SRI.SALIL NARAYANAN K.A., SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 17069 OF 2024 2
JUDGMENT
The limited plea of the petitioner, who is a co-surety of some
"Chitties", is that he be allowed six months time to pay off the entire
liability, so as to free him from further distress action.
2. The afore request of the petitioner, as made by his learned
counsel - Sri.Babu Cherukara, was acceded to by Sri.K.A.Salil
Narayanan - learned Standing Counsel for the Kerala State Financial
Enterprises Ltd. (KSFE), saying that a final indulgence can be shown
to the petitioner, if he pays at least Rs.25 lakhs upfront; in which
event, a further benefit of five or six instalments can be given, to settle
the liability.
3. Sri.Babu Cherukara - learned counsel for the petitioner,
submitted that his client is willing to pay Rs.25 lakhs within a period
of two weeks; but prayed for six months time for his client to pay off
the balance, either in installments, or in lump-sum.
4. Sri.K.A.Salil Narayanan, at this time, intervened to say that, if
the petitioner is interested in paying off the amount in installments,
six can be granted; while, if he wants to pay it off in lump-sum, not
more than three months can be offered.
Taking note of the afore submissions, I dispose of this Writ
Petition with the following directions:
(a) I order the petitioner to pay an amount of Rs.25 lakhs into the
Chitty account on or before 13.06.2024.
(b) If the afore is done, the petitioner will be at liberty to pay off
the balance amount in the account, along with all applicable charges
and interest, either in six equal monthly instalments commencing from
25.07.2024; or, in lump-sum, on or before 31.08.2024 - as per his
choice between the above two options.
(c) Needless to say, if the petitioner pays as afore, all coercive
action pursuant to Exts.P1 to P4 shall stand deferred, but if on the
contrary the petitioner commits default in payment as per direction (a)
above, or makes defaults on two instalments as ordered above, or does
not pay lump-sum within the period fixed afore, the benefit of this
judgment will be lost to him; and the 'KSFE' will be at full liberty to
initiate and pursue recovery action against him, from the stage at
which it is available today, without having to obtain further orders
from this Court.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
MC/5.6
APPENDIX OF WP(C) 17069/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE REVENUE RECOVERY NOTICE
BEARING RRC NO.2022/19438/01 23393/23-24
DATED 14-08-2023 ISSUED BY THE 1ST
RESPONDENT.
Exhibit P2 TRUE COPY OF THE REVENUE RECOVERY NOTICE
BEARING RRC NO.2022/19433/01 23394/23-24
DATED 14-08-2023 ISSUED BY THE 1ST
RESPONDENT.
Exhibit P3 TRUE COPY OF THE REVENUE RECOVERY NOTICE
BEARING RRC NO.2022/19443/01 23396/23-24
DATED 14-08-2023 ISSUED BY THE 1ST
RESPONDENT.
Exhibit P4 TRUE COPY OF THE REVENUE RECOVERY NOTICE
BEARING RRC NO.2022/19447/01 23397/23-24
DATED 14-08-2023 ISSUED BY THE 1ST
RESPONDENT.
