Kerala High Court
Prasanth. A vs State Of Kerala on 23 October, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
WP(C) NO. 36650 OF 2024 1
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 23RD DAY OF OCTOBER 2024 / 1ST KARTHIKA, 1946
WP(C) NO. 36650 OF 2024
PETITIONER/S:
PRASANTH. A
AGED 40 YEARS
S/O GOPALAN. A., ACHANGATTIL, PANIYAMKRUSSI P.O.,
CHERPULASSERY, PALAKKAD DISTRICT, PIN - 679503
BY ADV GODWIN JOSEPH
RESPONDENT/S:
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
PALAKKAD DISTRICT, COLLECTORATE, KENTHUPARAMBU,
KUNATHURMEDU P.O., PALAKKAD DISTRICT, PIN - 678013
3 THE TAHSILDAR
OTTAPPALAM TALUK, OTTAPPALAM TALUK OFFICE, OTTAPPALAM
P.O., PALAKKAD DISTRICT, PIN - 679101
4 SPECIAL DEPUTY TAHSILDAR (RR),
OTTAPPALAM TALUK, OTTAPPALAM TALUK OFFICE, OTTAPPALAM
P.O., PALAKKAD DISTRICT, PIN - 679101
5 VILLAGE OFFICER
CHERPULACHERRY VILLAGE OFFICE, KACHERIKKKUNNU,
CHERPULASSERY P.O., PALAKKAD DISTRICT, PIN - 679503
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6 KERALA STATE FINANCIAL ENTERPRISES LTD
REPRESENTED BY ITS MANAGING DIRECTOR,
“BHADRATHA”, MUSEUM, ROAD, THRISSUR, PIN -
680020
7 BRANCH MANAGER
KERALA STATE FINANCIAL ENTERPRISES LTD., CHERPPALASSERY
BRANCH, CHERPULASSERY P.O., PALAKKAD DISTRICT, PIN -
679503
OTHER PRESENT:
SR GP SMT. SHEEJA C.S, SC SRI. SALIL NARAYANAN K.A.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 36650 OF 2024 3
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JUDGMENT
Dated this the 23rd day of October, 2024
The petitioner has approached this Court aggrieved by the
coercive proceedings for recovery of financial advance made by
the Kerala State Financial Enterprises Ltd. (KSFE) to the
petitioner, invoking the provisions of the Kerala Revenue Recovery
Act, 1968.
2. The petitioner availed Chitty amount of
Rs.5,00,000/- from the 7th respondent - KSFE. The petitioner
states that though the petitioner made remittances promptly during
the initial repayment period of the financial advance, he could not
pay the instalments promptly later. The repayment of instalment fell
into arrears later. It happened due to reasons beyond the control of
the petitioner.
3. Though the petitioner requested the Bank to
permit the petitioner to repay the overdue amounts in easy monthly
instalments, the 7th respondent was not yielding. The 7th
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respondent, instead, started coercive proceedings, invoking the
provisions of the Kerala Revenue Recovery Act, 1968 and issued
Ext.P1 notice.
4. The petitioner states that he is 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 mortgaged property provided by the
petitioner, he will be put to untold hardship and loss.
5. Standing Counsel entered appearance on behalf
of the respondents 6 and 7 and denied all the statements made by
the petitioner. On behalf of respondents 6 and 7, it is submitted that
the chitty price was given to the petitioner in the year 2021. The
petitioner committed default in repaying the loan.
6. The 7th respondent repeatedly reminded the
petitioner and required him 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
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provisions of the Kerala Revenue Recovery Act, 1968. The
impugned Ext.P1 was issued in these circumstances. The petitioner
has not advanced any legal reasons to thwart the coercive
proceedings initiated by the Bank.
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 7th respondent from the petitioner as
on 31.10.2024 is ₹ 4,54,973/-.
8. I have heard the counsel for the petitioner and the
Standing Counsel for respondents 6 and 7. I have also heard the
Government Pleader representing respondents 1 to 5.
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
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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 ₹ 4,54,973/- in 12 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 25.11.2024.
(ii) If the petitioner commits single default in
making payments as directed above, the respondent
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
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above, coercive proceedings, if any, against the
petitioner shall stand deferred.
sd/
N.NAGARESH
JUDGE
jm/
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APPENDIX OF WP(C) 36650/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE DEMAND NOTICE RRC NO.
2024/400/09 DATED 24.07.2024 ISSUED TO THE
PETITIONER BY THE 4TH RESPONDENT .
