High Court of KeralaWP(C)/16862/2015disposed of

Sumalatha S v. Kerala State Financial Enterprises

2015-06-10Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 10TH DAY OF JUNE 2015/20TH JYAISHTA, 1937 WP(C).No. 16862 of 2015 (G) ------------------------------------- PETITIONER(S):

----------------------- SUMALATHA S., AGED 43 YEARS, W/O.STEEPHENSON, KALLUVAKONATH THERIVILA PUTHEN VEEDU, URIYAKODE P.O., VELLANAD VILLAGE, KATTAKKADA TALUK, THIRUVANANTHAPURAM - 695 543.

BY ADV. SRI.R.B.RAJESH RESPONDENT(S):

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

1. KERALA STATE FINANCIAL ENTERPRISES LIMITED, REPRESENTED BY ITS MANAGING DIRECTOR, CORPORATE OFFICE, BHADRATHA, THRISSUR, PIN - 680 020.

2. THE BRANCH MANAGER, KERALA STATE FINANCIAL ENTERPRISES LIMITED, VELLANAD BRANCH, VELLANAD, THIRUVANANTHAPURAM - 695 543.

3. THE SPECIAL DEPUTY TAHSILDAR (REVENUE RECOVERY), KERALA STATE FINANCIAL ENTERPRISES LLIMITED, AKSHAYA SHOPPING COMPLEX, NEYYATTINKARA, PIN - 695 121. BY ADV. SRI.ALEXANDER.C.V., SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 16862 of 2015 (G) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:TRUE COPY OF THE SALE NOTICE DATED 16.02.2015. P2:TRUE COPY OF THE REPRESENTATION DATED 26.02.2015 RESPONDENT(S)' EXHIBITS:

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

A.MUHAMED MUSTAQUE, J.

------------------------------------ W.P.(C).No.16862 of 2015 ----------------------------------- Dated this the 10th day of June, 2015

J U D G M E N T

The petitioner is a subscriber of chitty conducted by the 2nd respondent. Due to default in remitting the chitty installments, revenue recovery proceedings were initiated against her. She challenges the above proceedings in this writ petition.

2. The learned counsel for the petitioner submits that, the petitioner is prepared to pay off the entire liability in equal monthly installments.

3. The learned counsel for the Bank, on instructions, submits that, the liability of the petitioner is 8,72,352/-. ₹

3. Considering the facts and circumstances of the case, this writ petition is disposed of with the following directions : The petitioner shall remit an amount of 1,00,000/- (Rupees ₹ One lakh only) on or before 30.06.2015. Thereafter, pay the balance amount in eight equal monthly installments starting from July 2015 onwards. If the petitioner fails to satisfy any of the conditions stipulated above, the Bank is at liberty to proceed against the petitioner in accordance with law.

Sd/- A.MUHAMED MUSTAQUE, JUDGE.