Kerala High Court
Saritha Jeevaraj vs The Kerala State Women’S Development ... on 8 August, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:59631
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 8TH DAY OF AUGUST 2025 / 17TH SRAVANA, 1947
WP(C) NO. 26242 OF 2025
PETITIONER:
SARITHA JEEVARAJ,
AGED 50 YEARS,
W/O JEEVRAJ, PAZHUKUNNATH HOUSE,
KODUNGALLUR, KOTTAPURAM P.O,
THRISSUR DIST., PIN - 680667
BY ADVS.
SRI.M.SHAJU PURUSHOTHAMAN
SRI.K.S.RAJESH
RESPONDENTS:
1 THE KERALA STATE WOMEN'S DEVELOPMENT
CORPORATION LTD.,
REPRESENTED BY ITS MANAGING DIRECTOR 63/2081,
MAVELI ROAD, KADAVANTHRA, GANDHI NAGAR P.O,
ERNAKULAM DIST., PIN - 682020
2 THE DEPUTY TAHASILDAR,
TALUK OFFICE, KODUNGALLUR,
THRISSUR DISTRICT, PIN - 680664
3 THE VILLAGE OFFICER,
VILLAGE OFFICE METHALA, P.O.METHALA,
THRISSUR DIST., PIN - 680669
BY ADV.
SMT.LATHA ANAND, SC
SRI.RAJEEV JYOTHISH GEORGE, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 08.08.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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W.P.(C) No.26242/2025
:2:
JUDGMENT
Dated this the 8th day of August, 2025
The petitioner has approached this Court aggrieved by
the coercive proceedings for recovery of financial advance made
by the 1st respondent to the petitioner, invoking the provisions of
the Revenue Recovery Act.
2. The 1st respondent paid ₹7 lakhs to the
petitioner as Loan. The petitioner states that though the
petitioner made remittances promptly during the initial
repayment period of the financial advance, she could not pay
the instalments promptly later. The repayment of loan fell into
arrears later. It happened due to reasons beyond the control of
the petitioner.
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3. Though the petitioner requested the
respondents to permit the petitioner to repay the outstanding
amounts in easy monthly instalments, the respondents were not
yielding. The authorities, instead, started coercive proceedings,
invoking the provisions of the Revenue Recovery Act and issued
Exts.P1 and P2 notices.
4. The petitioner states that she is still in a
position to clear the outstanding amounts towards the loan, 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 petitioner, she will be put to untold hardship and
loss.
5. Standing Counsel entered appearance on
behalf of the 1st respondent and denied all the statements made
by the petitioner. The petitioner committed default in repaying
the loan.
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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 Revenue Recovery Act.
The impugned Exts.P1 and P2 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 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 1 st respondent from the
petitioner as on 25.07.2025 is ₹ 8,93,132/-.
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8. I have heard the counsel for the petitioner and
the Standing Counsel representing the 1 st respondent. I have
also heard the Government Pleader representing respondents 2
and 3.
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 account
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 ₹8,93,132/- in 10
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consecutive and equal monthly installments
along with accruing interest and other
administrative charges, if any. First of such
installments shall be paid on or before
08.09.2025.
(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 pays the amount as
directed above, any coercive proceedings
against the petitioner will stand deferred.
Sd/-
N. NAGARESH
JUDGE
SR
2025:KER:59631
APPENDIX OF WP(C) 26242/2025
PETITIONER'S EXHIBITS:
Exhibit P1 THE TRUE COPY OF THE DEMAND NOTICE DATED
22.09.2020 ISSUED UNDER SECTION 7 OF THE
KERALA REVENUE RECOVERY ACT
Exhibit P2 THE TRUE COPY OF THE DEMAND NOTICE DATED
22.09.2020 ISSUED UNDER SECTION 34 OF
THE KERALA REVENUE RECOVERY ACT
