Kerala High Court
Mariyakutty Devasia vs The Manager on 5 November, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
2024:KER:82343
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 5TH DAY OF NOVEMBER 2024 / 14TH KARTHIKA, 1946
WP(C) NO. 36747 OF 2024
PETITIONERS:
1 MARIYAKUTTY DEVASIA
AGED 72 YEARS
W/O DEVASIA, CHAMPAKULATHU HOUSE,
VAZHAVARA VILLAGE, VAZHAVARA.P.O
KATTAPPANA ,IDUKKI, PIN - 685515
2 JOSEPH DEVASIA
AGED 52 YEARS
S/O DEVASIA, CHAMPAKULATHU HOUSE,
VAZHAVARA VILLAGE,
VAZHAVARA.P.O KATTAPPANA,
IDUKKI, PIN - 685515
BY ADV K.M.KURIAN
RESPONDENTS:
1 THE MANAGER
KSFE OFFICE, KSFE KATTAPPANA BRANCH,
KATTAPPANA.P.O,
IDUKKI DIST., PIN - 685508
2 THE SPECIAL DEPUTY TAHASILDAR
KSFE LTD, MADUKANI CENTER,
MUTTAMBALAM.P.O, KOTTAYAM DIST,
PIN - 686004
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WP(C) NO.36747 OF 2024
2
SRI. SALIL NARAYANAN K.A.,SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.11.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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3
JUDGMENT
Dated this the 5th day of November, 2024
The petitioners have approached this Court aggrieved by
the coercive proceedings for recovery of financial advance
made by the Kerala State Financial Enterprises Limited to the
petitioners, invoking the provisions of the Kerala Revenue
Recovery Act, 1968.
2. The 2nd petitioner availed a Chitty Loan for an
amount of ₹5 lakhs and the 1st respondent paid a prized
chitty of ₹5 lakhs to the petitioners. The petitioners state that
though the petitioners made remittances promptly during the
initial repayment period of the financial advance, they could
not pay the instalments promptly later. The repayment of
advances fell into arrears later. It happened due to reasons
beyond the control of the petitioners.
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3. Though the petitioners requested the
1st respondent to permit the petitioners to repay the overdue
amounts in easy monthly instalments, the respondent
authorities were not yielding. The authorities, instead, started
coercive proceedings, invoking the provisions of the Kerala
Revenue Recovery Act, 1968 and issued Ext.P3 notice.
4. The petitioners state that they are still in a position
to clear the overdue amounts towards the advances, if
sufficient time is given to clear the dues in easy monthly
instalments. If the respondents are permitted to continue with
the coercive proceedings and auction the mortgaged
properties provided by the petitioners, they will be put to
untold hardship and loss.
5. Standing Counsel entered appearance on behalf of
the respondents and denied all the statements made by the
petitioners. On behalf of the respondents, it is submitted that
the petitioners committed default in repaying the advances.
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6. The respondents repeatedly reminded the
petitioners and required them to clear the dues. The
petitioners deliberately omitted to do so. In the circumstances,
the respondents had no other go than to proceed against the
petitioners invoking the provisions of the Kerala Revenue
Recovery Act, 1968. The impugned Ext.P3 was issued in
these circumstances. The petitioners have not advanced any
legal reasons to thwart the coercive proceedings initiated by
the 1st respondent.
7. The Standing Counsel, however, submitted that if
the petitioners are ready and willing to make a substantial
payment soon and remit the balance outstanding amount
immediately thereafter, a short breathing time can be granted
to the petitioners to clear the dues. The Standing Counsel
submitted that the outstanding amount due to the
1st respondent from the petitioners as on 30.11.2024 is
₹18,81,327/-.
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8. I have heard the counsel for the petitioners and the
learned Standing Counsel representing the Kerala State
Financial Enterprises Limited.
9. The specific case of the petitioners is that the
petitioners have been making the repayment and maintaining
the loan account initially. The default in repayment of the
advances occurred lately due to reasons beyond the control of
the petitioners. The petitioners have provided substantial
security which will safeguard the interest of the 1st respondent.
10. In the facts and circumstances of the case, I am
inclined to dispose of the writ petition giving a short and
reasonable time to the petitioners to clear off the liability.
11. The writ petition is therefore disposed of with the
following directions:
(i) The petitioners shall remit the
outstanding amount of ₹18,81,327/- in 20
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consecutive and equal monthly instalments
along with accruing interest and other
administrative charges, if any. First of such
instalments shall be paid on or before
05.12.2024.
(ii) If the petitioners commit single default
in making payments as directed above,
respondents will be at liberty to continue with
the coercive proceedings against the
petitioners in accordance with law.
(iii) If the petitioners make payments as
directed above, coercive proceedings, if any,
against the petitioners shall stand deferred.
Sd/-
N.NAGARESH
JUDGE
hmh
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WP(C) NO.36747 OF 2024
APPENDIX OF WP(C) 36747/2024
PETITIONER'S EXHIBITS
Exhibit -P1 CERTIFICATE, DATED 10-12-2018, ISSUED
BY THE VILLAGE OFFICER, KATTAPPANA
Exhibit -P2 CERTIFICATE, DATED 2-08-2019, ISSUED
BY THE VILLAGE OFFICER KATTAPPANA
Exhibit -P3 ATTACHMENT NOTICE ISSUED BY THE 2ND
RESPONDENT DATED 19-07-2024
