Kerala High Court
Usha L vs The Kerala State Financial Enterprises ... on 12 November, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
2024:KER:84063
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. 39970 OF 2024
PETITIONER:
USHA L
AGED 49 YEARS, W/O RAJESH R.,
NANDANA BHAVANAN, THURUTHIKKARA P.O.,
KUNNATHUR, KOLLAM, PIN - 690540.
BY ADVS.
K.SUDHINKUMAR
S.NITHIN (ANCHAL)
RESPONDENTS:
1 THE KERALA STATE FINANCIAL ENTERPRISES LTD.
REPRESENTED BY ITS BRANCH MANAGER,
SASTHAMCOTTA BRANCH, CMS TOWER,
SASTHAMCOTTA P.O., KOLLAM, PIN - 690521.
2 THE SPECIAL DEPUTY TAHSILDAR (R.R.)
THE K.S.F.E R.R. UNIT, K.S.F.E BUILDING,
CHINNAKKADA P.O., KOLLAM, PIN - 691001.
BY ADV.SRI. SALIL NARAYANAN K.A.,
STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 12.11.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.39970 of 2024
:2:
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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 1st respondent paid a prized chitty of
₹7,80,000/- to the petitioner in the year 2019. 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 advance fell into arrears. It happened due to reasons beyond
the control of the petitioner.
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3. Though the petitioner requested respondents
to permit the petitioner to repay the overdue amounts in easy
monthly instalments, respondents were not yielding. The
authorities, instead, started coercive proceedings, invoking the
provisions of the Kerala Revenue Recovery Act, 1968 and
issued Exts.P1 to P3 notices.
4. The petitioner states that she is still in a
position to clear the overdue amounts towards the advance, 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 property
provided by the petitioner, she 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. The petitioner committed default in repaying
the chitty.
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6. The respondents repeatedly reminded the
petitioner and required her to clear the dues. The petitioner
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 impugned Exts.P1 to P3 notices were
issued in these circumstances. The petitioner has not advanced
any legal reasons to thwart the coercive proceedings initiated
by the respondents.
7. The Standing Counsel, however, submitted
that if the petitioner is ready and willing to remit the balance
outstanding amount in instalments, 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
respondents from the petitioner as on 30.11.2024 is
₹9,95,274/-.
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8. I have heard the learned Counsel for the
petitioner and the learned Standing Counsel representing the
respondents.
9. The specific case of the petitioner is that the
petitioner has been making the repayment and maintaining the
chitty account initially. The default in repayment 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 ₹9,95,274/- in 15 equal
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and consecutive monthly instalments along
with accruing interest, Revenue Recovery
charges and other administrative charges, if
any. The first of such instalments shall be paid
on or before 12.12.2024.
(ii) If the petitioner commits default in
making payments as directed above, the
respondents will be at liberty to continue with
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
ams
2024:KER:84063
APPENDIX OF WP(C) 39970/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE NOTICE ISSUED BY THE
1ST RESPONDENT DATED 08.08.2023
Exhibit P2 TRUE COPY OF THE DEMAND NOTICE NO.
RRCNO:2024/2192/02 ISSUED BY THE 2ND
RESPONDENT DATED 04.09.2024
Exhibit P3 TRUE COPY OF THE DEMAND NOTICE BEFORE
ATTACHMENT NO. RRCNO:2024/11018/02
ISSUED BY THE 2ND RESPONDENT DATED
22.10.2024
