High Court of KeralaWP(C)/3813/2015disposed of

Ajithkumar M. v. State Of Kerala

2015-02-10Honourable Dr. Justice A.K.Jayasankaran Nambiar5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR TUESDAY, THE 10TH DAY OF FEBRUARY 2015/21ST MAGHA, 1936 WP(C).No. 3813 of 2015 (B) --------------------------- PETITIONER(S):

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1. AJITHKUMAR M. AGED 46 YEARS S/O.K.MADHAVAN ACHARI, AJITH MANZIL, PALARIVATTOM.P.O ERNAKULAM DISTRICT, PIN-682 025

2. P.L.JOSE, AGED 67 YEARS S/O.LONAN, PALAPARMBIL HOUSE, MATHILAKOM PAPPINIVATTOM VILLAGE, KODUNGALLUR TALUK THRISSUR DISTRICT BY ADVS.SRI.VARGHESE C.KURIAKOSE SMT.ALLY PAUL THOTTAM RESPONDENT(S):

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1. STATE OF KERALA REP: BY SECRETARY, DEPARTMENT OF FINANCE, SECRETARAIT TRIVANDRUM-695 001

2. THE KERALA STATE FINANCIAL ENTERPRISES LTD. H.O.CHEMBUKKAVU, THRISSUR REP: BY ITS MANAGING DIRECTOR-680 001

3. THE BRANCH MANAGER THE KERALA STATE FINANCIAL ENTERPRISES LTD. PALARIVATTOM BRANCH PALARIVATTOM-682 025

4. THE BRANCH MANAGER THE KERALA STATE FINANCIAL ENTERPRISES LTD.

VYTTILA BRANCH, VYTTILA-682 019

5. THE SPECIAL DEPUTY TAHSILDAR (R.R) THE KERALA STATE FINANCIAL ENTERPRISES LTD.

CHEMBUKKAVU, THRISSUR-680 001.

R2,R3 & 4 BY ADV. SRI.P.V.LONACHAN R BY GOVERNMENT PLEADER R BY SRI.ALEXANDER.C.V., SC, KERALA STATE FINANCIAL ENTERPRISES THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 3813 of 2015 (B) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1: TRUE PHOTOSTAT COPY OF THE DETAILS FURNISHED BY THE 3RD RESPONDENT IN CHITTY NO.14/2009-18 EXT.P.2: TRUE PHOTOSTAT COPY OF DETAILS FURNISHED BY THE 4TH RESPONDENT IN CHITTY NO.VTB 114/25/2008-31 EXT.P3: TRUE PHOTOSTAT COPY OF THE SALE NOTICE DATED 31.12.2014 ISSUED BY THE 5TH RESPONDENT EXT.P.4: TRUE PHOTOSTAT COPY OF THE REQUEST FOR SETTLEMENT DATED 28.01.2015 SUBMITTED BY THE PETITIONERS EXT.P.5: TRUE PHOTOSTAT COPY OF ACKNOWLEDGMENT CARD SIGNED BY RESPONDENT NO.2 RESPONDENT(S)' EXHIBITS:

NIL.

--------------------------------------- //TRUE COPY// P.S. TO JUDGE

A.K.JAYASANKARAN NAMBIAR, J.

------------------------------- W.P.(C).NO.3813 OF 2015 (B) ----------------------------------- Dated this the 10th day of February, 2015

J U D G M E N T

The petitioners, who had availed of chitty loans from the 2nd respondent company, defaulted in repayment of the same. Consequently, the 3rd respondent initiated revenue recovery action against the petitioner under the Kerala Revenue Recovery Act. Ext.P3 is the sale notice issued by the 5th respondent. In the writ petition, the petitioners impugn the steps initiated by the respondents for recovery of the loan amounts.

2. I have heard Sri.Varghese C. Kuriakose, the learned counsel appearing for the petitioners, Sri.Alexander.C.V., the learned Standing counsel appearing for the respondent company as also Sri.Shyson P. Manguzha, the learned Government Pleader appearing for the State.

3. On a consideration of the facts and circumstances of the case and the submissions made across the bar, I note that the sole prayer

W.P.(C).No.3813/2015 of the petitioners is to permit them to remit the balance amounts outstanding to the respondent company in easy installments. Taking into account the plea of financial hardship raised by the petitioners, I dispose the writ petition with the following directions:- (i) The total amount outstanding from the petitioners to the 1st respondent is stated to be Rs.16,05,152/- together with accrued interest and other charges. Accordingly, if the petitioners pay the above amount together with accrued interest and other charges in twenty equal and successive monthly installments commencing from 1.3.2015, then the recovery steps initiated against them by the respondents shall be kept in abeyance.

(ii) It is made clear that if the petitioners commit a default in respect of any of the installments, they will lose the benefit of this judgment and the respondent company will be free to continue the recovery proceedings against them from the stage at which they presently stand.

(iii) After the payment of the first installment, the 5th respondent shall furnish to the petitioners, the detailed statement showng the balance outstanding from the petitioners so as to enable the petitioners to make timely remittance of the balance installments. It shall also be open to the petitioners

W.P.(C).No.3813/2015 to approach the 1st respodnent company for settling the amounts under the One Time Settlement scheme, if any, available.

A.K.JAYASANKARAN NAMBIAR JUDGE prp