High Court of KeralaWP(C)/18308/2015disposed of

Shanavas v. Kerala State Financial Enterprise Ltd.

2015-07-01Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 1ST DAY OF JULY 2015/10TH ASHADHA, 1937 WP(C).No. 18308 of 2015 (K) ---------------------------- PETITIONERS :

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1. SHANAVAS, AGED 32 YEARS, S/O. UMMER HAJI, CHOLAMUGHATHU HOUSE, THAZHAKODE WEST P.O., PERINTHALMANNA MALAPPURAM REPRESENTED BY POWER OF ATTORNEY HOLDER - M AYAMU HAJI , AGED 55 YEARS, S/O. MOHAMMAD ALI HAJI, MADATHODI HOUSE, THELAKKAD P.O., PATTIKKAD (VIA), PERUNTHALMANNA TALUK, MALAPPURAM DISTRICT

2. M AYAMU HAJI, AGED 55 YEARS, S/O. MOHAMAD ALI HAJI, MADATHODI HOUSE, THELAKKAD P.O., PATTIKKAD(VIA) PERINTHALMANNA TALUK, MALAPPURAM DISTRICT

3. FATHIMA SUHRA M., AGED 26 YEARS, W/O. SHANAVAS, CHOLMUGHATHU HOUSE, THAZHAKODE WEST P.O., PERINTHALMANNA, MANAPPURAM

4. MOHAMMED SHAFEER C.M., AGED 29 YEARS, S/O. UMMER HAJI, -DO- BY ADVS.SRI.K.S.MADHUSOODANAN SRI.M.M.VINOD KUMAR SMT.K.M.RAMYA SRI.P.K.RAKESH KUMAR SRI.K.S.MIZVER RESPONDENTS :

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1. KERALA STATE FINANCIAL ENTERPRISE LTD.

PERINTHALMANNA BRANCH, PERINTHALMANNA, MALAPPURAM

2. DEPUTY TAHSILDAR,(REVENUE RECOVERY) KERALA STATE FINANCIAL ENTERPRISES, PALAKKAD R1 BY ADV. SRI.P.V.LONACHAN,SC, BY SRI.ALEXANDER.C.V., SC, THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 18308 of 2015 (K) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:

PHOTOCOPY OF THE R.R NOTICE ISSUED BY 2ND RESPONDENT DATED 23-10-14.

EXHIBIT P1(A): PHOTOCOPY OF THE -DOEXHIBIT P1(B): PHOTOCOPY OF THE -DOEXHIBIT P1(C): PHOTOCOPY OF THE -DOEXHIBIT P1(D): PHOTOCOPY OF THE -DOEXHIBIT P1(E): PHOTOCOPY OF THE -DOEXHIBIT P1(F): PHOTOCOPY OF THE NOTICE DATED 27-10-14. EXHIBIT P2:

PHOTOCOPY OF THE LETTER BEARING NO PKD/4569/14-15 DATED 12-12-2014.

EXHIBIT P3:

PHOTOCOPY OF THE RECEIPT DATED22-4-2015 RESPONDENT(S)' EXHIBITS :

NIL.

//TRUE COPY// P.A. TO JUDGE bp

A. MUHAMED MUSTAQUE, J.

-------------------------------------------- W.P(C). No. 18308 of 2015 ------------------------------------------- Dated this the 1st day of July, 2015

J U D G M E N T

The petitioner are defaulters of Chitty Transactions in KSFE. It appears that the petitioners have also approached the Government and Government provided instalment facility on condition that, petitioners shall remit 30% of the amount before 10.01.2015. It appears that, the petitioners have remitted 30% vide Ext.P3, after the period granted by the Government. Petitioners submit that they may be permitted to clear the entire amount in 40 instalments.

Learned counsel for the respondent opposes the prayer of the petitioners.

Taking note of the facts and circumstances that the petitioners already paid certain amounts, I am of the view that the petitioners should be given sufficient time to discharge the entire liability. Therefore the following directions are issued: (i) The institution is directed to convey the total liability with all the charges as on 30.06.2014 within two weeks to the petitioners.

(ii) The 2nd respondent shall compute the liability of the petitioners.

W.P(C). No. 18308 of 2015 (iii) Petitioners shall discharge the entire liability, so computed, in monthly instalments of `1.5 lakhs starting from 25.07.2015.

(iv) If the petitioners commit default in paying any one of the instalments, the institution is free to proceed against the petitioners.

(v) The recovery proceedings shall be deferred in tune with above directions.

The writ petition is disposed of.

Sd/- A. MUHAMED MUSTAQUE, JUDGE.