Kerala High Court
Abdul Kalam vs The Special Deputy Tahsildar on 17 October, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
2024:KER:77891
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946
WP(C) NO. 36413 OF 2024
PETITIONERS:
1 ABDUL KALAM
AGED 75 YEARS, S/O LATE MOIDEEN KUNJU,
RESIDING AT KARAVEETTIL, KARICODE,
KOLLAM DISTRICT, PIN - 691005.
2 RAMLA BEEVI
AGED 70 YEARS, W/O. ABDUL KALAM,
RESIDING AT KARAVEETTIL, KARICODE,
KOLLAM DISTRICT, PIN - 691005.
BY ADVS.
K.R.SUNIL
GOPIKA V.S.
RESPONDENTS:
1 THE SPECIAL DEPUTY TAHSILDAR
KERALA STATE FINANCIAL ENTERPRISES,
KOLLAM DISTRICT, PIN - 691013.
2 THE MANAGER
KERALA STATE FINANCIAL ENTERPRISES,
ANJALAMOODU, KOLLAM PIN - 691015.
3 ASIF KALAM
S/O ABDUL KALAM, AGED 38 YEARS,
RESIDING AT KARAVEETTIL, KARICODE,
KOLLAM DISTRICT, PIN - 691005.
W.P.(C)No.36413 of 2024 2024:KER:77891
:2:
SC SRI. SALIL NARAYANAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.10.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No.36413 of 2024 2024:KER:77891
:3:
JUDGMENT
Dated this the 17th day of October, 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 3rd respondent availed chitty loan from the 2 nd
respondent. The petitioners are the parents of the 3 rd
respondent and stood as guarantors to the chitty loan. The
petitioners state that though the 3 rd respondent made
remittances promptly during the initial repayment period of the
chitty loan, he could not pay the subscriptions promptly later.
The repayment of chitty fell into arrears. It happened due to
reasons beyond the control of the petitioners.
3. Though the petitioners requested the respondents to
permit the petitioners to repay the overdue amounts in easy
W.P.(C)No.36413 of 2024 2024:KER:77891
monthly instalments, the respondents were not yielding. The
authorities, instead, started coercive proceedings, invoking the
provisions of the Kerala Revenue Recovery Act, 1968 and
issued Ext.P1 notice.
4. The petitioners state that they are still in a position to
clear the overdue amounts towards the chitty, 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 secured assets 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. The petitioners committed default in repaying the
chitty.
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
W.P.(C)No.36413 of 2024 2024:KER:77891
petitioners invoking the provisions of the Kerala Revenue
Recovery Act, 1968. The impugned Ext.P1 notice was issued in
these circumstances. The petitioners have not advanced any
legal reasons to thwart the coercive proceedings initiated by
the respondents.
7. The Standing Counsel, however, submitted that if
the petitioners are ready and willing to remit the balance
outstanding amount in instalments, 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
respondents from the petitioners as on 17.10.2024 is
₹1,33,98,176/-.
8. I have heard the learned Counsel for the petitioners
and the learned Standing Counsel representing the
respondents.
9. The specific case of the petitioners is that the
petitioners have been making the repayment and maintaining
the chitty account initially. The default in repayment occurred
W.P.(C)No.36413 of 2024 2024:KER:77891
lately due to reasons beyond the control of the petitioners. The
petitioners have 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 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 ₹1,33,98,176/- in 25
equal and consecutive monthly instalments
along with accruing interest and other
administrative charges, if any. The first of such
instalments shall be paid on or before
18.11.2024.
(ii) If the petitioners commit default in
making payments as directed above, the
respondents will be at liberty to continue with
W.P.(C)No.36413 of 2024 2024:KER:77891
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
ams
W.P.(C)No.36413 of 2024 2024:KER:77891
APPENDIX OF WP(C) 36413/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE NOTICE DATED
12.09.2024
Exhibit P2 THE TRUE COPY OF THE REQUEST DATED
10.10.2024 SUBMITTED BY THE PETITIONERS
TO THE 1ST RESPONDENT
