Kerala High Court
John Anto vs Kerala State Financial Enterprises Ltd on 27 May, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:37086
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 27TH DAY OF MAY 2025 / 6TH JYAISHTA, 1947
WP(C) NO. 17796 OF 2025
PETITIONER:
JOHN ANTO,
AGED 28 YEARS,
S/O K O ANTO, KALLARAKAL HOUSE,
CHANGAPUZHA PARK, EDAPALLY,
ERNAKULAM DISTRICT, PIN - 682033
BY ADV.JOSE ANTONY
RESPONDENTS:
1 KERALA STATE FINANCIAL ENTERPRISES LTD.,
PALAKKAD 2ND BRANCH, SIVASAKTHI BUILDING,
COCHIN DEVASOM BOARD, ROUND NORTH,
THRISSUR, REPRESENTED BY ITS BRANCH MANAGER,
PIN - 680001
2 DEPUTY COLLECTOR (RR),
KERALA STATE FINANCIAL ENTERPRISES HEAD OFFICE,
CHENBUKKAV, THRISSUR, PIN - 680003
BY ADV.
SRI. P.C. ANIL KUMAR, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.05.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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W.P.(C) No.17796/2025
:2:
JUDGMENT
Dated this the 27th day of May, 2025
The petitioner has approached this Court aggrieved by
the coercive proceedings for recovery of chitty amounts due to
the 1st respondent from the petitioner, invoking the provisions of
the Revenue Recovery Act.
2. The petitioner availed three chitties from the
1st respondent for an amount of ₹25,00,000/-. The petitioner
states that though the petitioner made remittances promptly
during the initial repayment period, he could not pay the
subscriptions promptly later. The repayment of amounts 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 1st
respondent 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 to P4 notices.
4. The petitioner states that he is still in a position
to clear the outstanding amounts towards the chitties, 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, he 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
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the chitty amount.
6. The respondents 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 provisions of the Revenue Recovery Act.
The impugned Exts.P1 to P4 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
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from the petitioner as on 31.05.2025 is ₹49,96,462/-.
8. I have heard the counsel for the petitioner and
the Standing Counsel representing the 1st respondent. I have
also heard the Government Pleader representing the 2 nd
respondent.
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 of money
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.
The writ petition is therefore disposed of permitting the
petitioner to clear to outstanding amount of ₹49,96,462/- ( as on
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31.05.2025) along with accruing interest and other charges, if
any, in 20 equal monthly installments. First of such installments
shall be paid on or before 27.06.2025. If the petitioner commits
any default in making the remittances as directed above, the
respondents will be at liberty to proceed against the petitioner in
accordance with law. 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:37086
APPENDIX OF WP(C) 17796/2025
PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE NOTICE
NO.168/114/2019-12 DATED 22.06.2023
ISSUED BY THE 1ST RESPONDENT TO MOOZA
Exhibit P2 TRUE COPY OF THE NOTICE NO.102/2019-31
DATED 10.05.2023 ISSUED BY THE 1ST
RESPONDENT TO ONE MOOZA
Exhibit P3 TRUE COPY OF THE NOTICE NO.103/2019-4
DATED 10.05.2023 ISSUED BY THE 1ST
RESPONDENT TO THE PETITIONER
Exhibit P4 TRUE COPY OF THE NOTICE NO.9016/24-25
DATED 27.11.2024 ISSUED BY THE 2ND
RESPONDENT TO THE PETITIONER.
