Marykutty Joseph vs The Kerala State Financial Enterprises ...
2024 Latest Caselaw 26981 Ker

Kerala High Court

Marykutty Joseph vs The Kerala State Financial Enterprises ... on 6 September, 2024

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W.P.(C) No.30901 of 2024

                                                       2024:KER:67732

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

          THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON

    FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946

                           WP(C) NO. 30901 OF 2024

PETITIONER:

               MARYKUTTY JOSEPH
               AGED 65 YEARS, W/O JOSEPH,
               MUKHYASTHAN PARAMBU, ANCHUTHENGU.P.O,
               ANCHUTHENGU, TRIVANDRUM, PIN - 695309

               BY ADV.
               SRI.S.NIDHEESH

RESPONDENTS:

1              THE KERALA STATE FINANCIAL ENTERPRISES LTD
               REGISTERED OFFICE, BHADRATHA, P.B. NO. 510,
               MUSEUM ROAD, THRISSUR, REP. BY THE MANAGING
               DIRECTOR, PIN - 680020
2              THE MANAGER
               KERALA STATE FINANCIAL CORPORATION LTD,
               BRANCH OFFICE, NEAR KSRTC BUS STAND,
               ATTINGAL, THIRUVANANTHAPURAM, PIN - 695101
3              THE SPECIAL DEPUTY TAHASILDAR(RR),
               KERALA STATE FINANCIAL ENTERPRISES LTD,
               AKSHAYA SHOPPING COMPLEX, NEYYATTINKARA,
               THIRUVANANTHAPURAM, PIN - 695121

               BY ADVS.
               SRI.SALIL NARAYANAN K.A - SC
               SMT.RESMI THOMAS - GP.

       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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W.P.(C) No.30901 of 2024

                                                                2024:KER:67732

                    HARISANKAR V. MENON, J.
             ------------------------------
                    W.P.(C) No.30901 of 2024
             ------------------------------
             Dated this the 6th day of September, 2024

                                   JUDGMENT

The petitioner has filed the captioned writ petition,

challenging the coercive steps initiated through Exts.P1 and P2 for

realisation of certain amounts due to the 1st respondent herein.

2. Sri.Salil Narayanan K.A., the learned Standing Counsel

for respondents 1 and 2, would fairly point out that 12 instalments

may be provided, taking into account the total liability, which is to

the extent of Rs.3,42,383/-.

3. Sri.Nidheesh S., learned counsel for the petitioner

would requests for 15 instalments.

Considering the rival submissions as well as the connected

records, this writ petition would stand disposed of with the

following directions;

i) The petitioner would be permitted to clear the arrears

as per Exts.P1 and P2 in 12 equal monthly instalments,

commencing from 21.10.2024.

ii) The petitioner is also to make remittances for the

future interest.

2024:KER:67732

iii) If two successive defaults are committed by the

petitioner, the benefits of this judgment would stand

recalled.

Sd/-

HARISANKAR V. MENON JUDGE

anm

2024:KER:67732

APPENDIX OF WP(C) 30901/2024

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DATED 10.1.2024 Exhibit P2 TRUE COPY OF THE NOTICE DATED 26.7.2024 OF THE 3RD RESPONDENT ALONG WITH THE MALAYALAM TYPED COPY Exhibit P3 TRUE COPY OF THE REQUEST OF THE PETITIONER WHICH WAS RECEIVED ON 22.8.2024