Citation : 2024 Latest Caselaw 14519 Ker
Judgement Date : 31 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
WP(C) NO. 17778 OF 2024
PETITIONER:
AJITHKUMAR. P.
AGED 53 YEARS
S/O VASU, PUTHIYAPARAMBATH HOUSE, VENGERI P.O.,
KOZHIKODE DISTRICT, PIN - 673010.
BY ADV GODWIN JOSEPH
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT,
DEPARTMENT OF REVENUE, GOVERNMENT OF KERALA,
SECRETARIAT P.O., THIRUVANANTHAPURAM DISTRICT,
PIN - 695001.
2 THE DISTRICT COLLECTOR
KOZHIKODE DISTRICT, COLLECTORATE, CIVIL STATION,
WAYANAD ROAD, ERNAHIPALAM, KOZHIKODE, PIN - 673020.
3 TAHSILDAR
KOZHIKODE, KOZHIKODE TALUK OFFICE, CIVIL STATION,
WAYANAD ROAD, ERANHIPPALAM, KOZHIKODE,PIN - 673020.
4 SPECIAL DEPUTY TAHSILDAR (RR)
KOZHIKODE TALUK OFFICE, CIVIL STATION,
ERANHIPPALAM, KOZHIKODE, PIN - 673020.
5 VILLAGE OFFICER
VENGERI, VILLAGE OFFICE, GROUND FLOOR, B BLOCK,
CIVIL STATION, KOZHIKODE, PIN - 673020.
6 VILLAGE OFFICER
BALUSSERI VILLAGE OFFICE, KOKKALUR, BALUSSERRI
P.O., KOYILANDY TALUK, KOZHIKODE DISTRICT, PIN -
673612.
7 KERALA STATE FINANCIAL ENTERPRISES LTD.
REPRESENTED BY ITS MANAGING DIRECTOR, "BHADRATHA",
MUSEUM, ROAD, THRISSUR, PIN - 680020.
8 BRANCH MANAGER
KERALA STATE FINANCIAL ENTERPRISES LTD., BALUSSERI
BRANCH, LAKSHMI BUILDING, BUILDING NO. BPVII/744E
NEAR BUS STAND, BALUSSERI P.O., KOZHIKODE DISTRICT,
PIN - 673612
SRI.P.C.ANILKUMAR
W.P.(C)No.17778/2024
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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.17778/2024
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DEVAN RAMACHANDRAN, J.
=========================
W.P.(C)No.17778 of 2024
==========================
Dated this the 31st day of May, 2024
JUDGMENT
When this matter was called today, Sri.P.C.Anil Kumar -
learned Standing Counsel for the "Kerala State Financial
Enterprises Ltd." ('KSFE' for short), submitted that, the total
outstanding in the Loan Account of the petitioner, as on
31.05.2024, is Rs.68,01,199/-; and that if he is willing to pay
the same in not more than 24 equal monthly installments, his
client will not stand in the way of this Court disposing of this
writ petition on such terms.
2. Sri.Godwin Joseph - learned counsel for the petitioner,
fully agreed to the afore and prayed that this Writ Petition be
thus ordered.
In the afore circumstances, I allow this Writ Petition,
granting liberty to the petitioner to pay the total outstanding
amount in the Loan Account, namely, Rs.68,01,199/- as on
31.05.2024, with all applicable charges and interest, in 24
equal monthly installments commencing from 30.06.2024. If
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this is done, the KSFE shall close the loan account and return
the security documents to him, on proper receipt.
Needless to say, as long as the petitioner pays as per the
above directions, all further action pursuant to Exts.P1 and
P1(a) will stand deferred; but if he defaults payment of any two
installments as ordered above, the KSFE will be at full liberty to
invoke appropriate remedies for recovery of the total balance
amount as per law, without having to obtain any further orders
from this Court.
Sd/-
DEVAN RAMACHANDRAN, JUDGE
ACR
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APPENDIX OF WP(C) 17778/2024
PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE DEMAND NOTICE RRC NO.
2023/252/11 DATED 18.05.2023 ISSUED TO THE PETITIONER BY THE 4TH RESPONDENT Exhibit P1(a) A TRUE COPY OF THE FORM 10 NOTICE IN RRC NO. 2023/252/11 DATED 18.05.2023 ISSUED BY THE 4TH RESPONDENT
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