High Court of KeralaWP(C)/13677/2015disposed of

Mini Sivadasan v. The Kerala State Financial Enterprise Limited

2015-05-21Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 21ST DAY OF MAY 2015/31ST VAISAKHA, 1937 WP(C).No. 13677 of 2015 (H) ---------------------------- PETITIONER(S):

-------------- MINI SIVADASAN, AGED 48 YEARS, W/O.SIVADASAN, HOUSE NO.XV/48, KARIYIL HOUSE KUTTAMPUZHA P.O., KOTHAMANGALAM, ERNAKULAM-686691. BY ADVS.SRI.P.B.AJOY SRI.P.A.SHIBU (EKM) RESPONDENT(S):

--------------

1. THE KERALA STATE FINANCIAL ENTERPRISE LIMITED THOPPUMPADY BRANCH, PARRY JUNCTION, THOPPUMPADY KOCHI-682005 REPRESENTED BY ITS BRANCH MANAGER.

2. THE MANAGER O/O.SPECIAL DEPUTY TAHSILDAR (REVENUE RECOVERY) III FLOOR, MORNING STAR BUILDING, KACHERIPADY ERNAKULAM-682018.

R1 BY ADV. SRI.P.V.LONACHAN,SC,KSFE LTD.

R2 BY SRI.ALEXANDER.C.V., SC, KERALA STATE FINANCIAL ENTERPRISE, LIMITED THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 13677 of 2015 (H) APPENDIX PETITIONERS' EXHIBITS EXT.P1 TRUE COPY OF THE RELEVANT PAGES OF THE CHITTY PASS BOOK DATED NIL ISSUED BY THE 1ST RESPONDENT.

EXT.P2 TRUE COPY OF THE RECEIPT DATED 16.08.2014 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

EXT.P3 TRUE COPY OF THE LETTER DATED 11.11.2014 AND BEARING NO.075/16/2014-15 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

RESPONDENTS EXHIBITS : NIL /TRUE COPY/ P. A. TO JUDGE Pn

A.MUHAMED MUSTAQUE, J.

------------------------------------ W.P.(C) No.13677 of 2015 ----------------------------------- Dated this the 21st day of May, 2015

J U D G M E N T

The petitioner, who is the subscriber of a chitty with the 1st respondent, has defaulted in repaying the bid amount. Therefore, revenue recovery proceedings were initiated against her. The petitioner has filed this writ petition challenging Ext.P3 revenue recovery proceedings.

2. Heard the learned counsel for the petitioner as well as the learned Standing Counsel for the respondents.

3. The learned counsel for the petitioner submits that, if the petitioner has given twelve equal monthly installment facility, she will pay off the entire amount within that time. The learned counsel for the respondents opposes the above submission.

4. In view of the facts and circumstances of the case, this Court finds that, it will be appropriate to give some installment facility to the petitioner to satisfy the liability. The petitioner is directed to satisfy the entire liability by way of 'ten' equal monthly installments, the first of it shall be effected on or before the 15th June, 2015 to be followed by similar installments to be effected in the succeeding months. The respondents are directed to quantify the liability of the petitioner as on 30.05.2015 and to inform the same to the petitioner on or before 10.06.2015.

W.P.(C) No.13677 of 2015 It is made clear that, if any default is committed with regard to the satisfaction of the amount as above, it will be open for the respondents to proceed with further steps for realisation of the entire amount in lump, by pursuing such steps from the stage where it stands now.

The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE.