Kerala High Court
Shamila Beevi.N vs Special Deputy Tahsildar [Rr] on 12 November, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
2024:KER:84523
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 12TH DAY OF NOVEMBER 2024 / 21ST KARTHIKA, 1946
WP(C) NO. 39818 OF 2024
PETITIONER:
SHAMILA BEEVI.N
AGED 40 YEARS
W/O NOUFAL CHARUVILAKATHU VEEDU,
PACHAMALA, THOLICODE.P.O,
THIRUVANANTHAPURAM, PIN - 695547
BY ADVS.
M.R.SARIN
PARVATHI KRISHNA
RESPONDENTS:
1 SPECIAL DEPUTY TAHSILDAR [RR],
OFFICE OF SPECIAL DEPUTY TAHSILDAR
KERALA STATE FINANCIAL ENTERPRISES
NEW TRIDA CENTRE
11ND FLOOR, MEDICAL COLLEGE PO
THIRUVANANTHAPURAM,
PIN - 695011
2 KERALA STATE FINANCIAL ENTERPRISES
HEAD OFFICE, BHADRATHA, MUSEUM ROAD,
P.B NO 510, THRISSUR
REPRESENTED BY ITS MANAGING DIRECTOR,
PIN - 680020
3 KERALA STATE FINANCIAL ENTERPRISES,
PANAVOOR BRANCH,
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WP(C) NO.39818 OF 2024
2
THIRUVANANTHAPURAM,
REPRESENTED BY ITS MANAGER,
PIN - 695541
SRI. PRIJITH P.,STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 12.11.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) NO.39818 OF 2024
3
JUDGMENT
Dated this the 12th day of November, 2024
The petitioner has approached this Court aggrieved by
the coercive proceedings for recovery of financial advance
made by the Kerala State Financial Enterprises Limited to the
petitioner, invoking the provisions of the Kerala Revenue
Recovery Act, 1968.
2. The 3rd respondent paid a prized Chitty of ₹5 lakhs
to the petitioner. The petitioner states that though the
petitioner made remittances promptly during the initial
repayment period of the financial advance, she could not pay
the subscriptions promptly later. The repayment of advances
fell into arrears later. It happened due to reasons beyond the
control of the petitioner.
3. Though the petitioner requested the
respondents to permit the petitioner to repay the overdue
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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 Exts.P1 and P2
notices.
4. The petitioner states that she is 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 petitioner, he 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
petitioner. On behalf of the respondents, it is submitted that
the petitioner committed default in repaying the advances.
6. The respondents repeatedly reminded the
petitioner and required him to clear the dues. The petitioner
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deliberately omitted to do so. In the circumstances,
the respondents had no other go than to proceed against the
petitioner invoking the provisions of the Kerala Revenue
Recovery Act, 1968. The petitioner has not advanced any
legal reasons to thwart the coercive proceedings initiated by
the Kerala State Financial Enterprises Limited.
7. The Standing Counsel, however, submitted that if
the petitioner is 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 petitioner to clear the dues. The Standing Counsel
submitted that the outstanding amount due to the
Kerala State Financial Enterprises Limited from the petitioner
as on 30.11.2024 is ₹3,59,990/-.
8. I have heard the counsel for the petitioner and the
learned Standing Counsel representing the Kerala State
Financial Enterprises Limited.
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9. The specific case of the petitioner is that the
petitioner has 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 petitioner. The petitioner has provided substantial security
which will safeguard the interest of the respondents.
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 petitioner to clear off the liability.
11. The writ petition is therefore disposed of with the
following directions:
(i) The petitioner shall remit the
outstanding amount of ₹3,59,990/- in 15
consecutive and equal monthly instalments
along with accruing interest and other
administrative charges, if any. First of such
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instalments shall be paid on or before
12.12.2024.
(ii) If the petitioner commits single default
in making payments as directed above, the
respondents will be at liberty to continue with
the coercive proceedings against the
petitioner in accordance with law.
(iii) If the petitioner makes payments as
directed above, coercive proceedings, if any,
against the petitioner shall stand deferred.
Sd/-
N.NAGARESH
JUDGE
hmh
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WP(C) NO.39818 OF 2024
APPENDIX OF WP(C) 39818/2024
PETITIONER'S EXHIBITS
Exhibit P1 THE TRUE COPY OF THE DEMAND NOTICE
ISSUED BY THE 1ST RESPONDENT TO THE
PETITIONER DATED 11.09.2024
Exhibit P2 THE TRUE COPY OF THE NOTICE UNDER
SECTION 34 OF REVENUE RECOVERY ACT
ISSUED BY THE 1ST RESPONDENT TO THE
PETITIONER DATED 13.09.2024
