High Court of KeralaWP(C)/18441/2015disposed of

Manojkumar v. Kerala State Financial Enterpirses

2015-06-25Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 25TH DAY OF JUNE 2015/4TH ASHADHA, 1937 WP(C).No. 18441 of 2015 (E) --------------------------------------- PETITIONER(S):

---------------------- MANOJKUMAR, S/O.KRISHNANKUTTY, KALLINGAL HOUSE, KANNAMPULLIPURAM P.O, CHENDRAPPINNY, THRISSUR. BY ADVS.SRI.RENJITH THAMPAN (SR.) SMT.P.R.REENA RESPONDENT(S):

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

1. THE KERALA STATE FINANCIAL ENTERPIRSES, REPRESENTED BY ITS MANAGING DIRECTOR, HEAD OFFICE THRISSUR, PIN 680 001.

2. DEPUTY TAHSILDAR (RR), KERALA STATE FINANCIAL ENTERPRISES, BHADRATHA, CHEMBUKKAVU, THRISSUR 680 020.

BY ADV. SRI.ALEXANDER.C.V., SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 18441 of 2015 (E) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1 TRUE COPY OF THE LETTER ISSUED BY THE 1ST RESPONDENT BRANCH MANAGER DATED 19-02-2015 EXHIBIT P2 TRUE COPY OF THE RECEIPT DATED 31-03-2015 ISSUED BY THE 2ND RESPONDENT EXHIBIT P2(A) TRUE COPY OF THE RECEIPT DATED 31-03-2015 ISSUED BY THE 2ND RESPONDENT EXHIBIT P3 TRUE COPY OF NOTICE DATED 22-05-2015 ISSUED BY THE 2ND RESPONDENT EXHIBIT P4 TRUE COPY OF REPRESENTATION DATED 03-06-2015 FILED BY THE PETITIONER BEFORE THE RESPONDENTS RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

A.MUHAMED MUSTAQUE, J.

------------------------------------ W.P.(C) No.18441 of 2015 ----------------------------------- Dated this the 25th day of June, 2015

J U D G M E N T

The petitioner subscribed a chitty of the respondent financial institution and defaulted in repayment of the chitty amount. Hence the respondents initiated revenue recovery proceedings as per Ext.P3 sale notice. The same is under challenge in this writ petition.

2. The petitioner has approached the 1st respondent by Ext.P4 to adjust another kuri amount towards the liability. The petitioner submits that, the 1st respondent may be directed to consider the same.

Taking note of the facts and circumstances of the case, this writ petition is disposed of directing the 1st respondent to consider Ext.P4 within a period of three weeks from the date of receipt of a copy of this judgment. If the request is not acceptable, the petitioner is permitted to pay off the entire liability in six equal monthly installments starting from 25.07.2015 onwards. In the light of the above, revenue recovery proceedings against the petitioner shall be deferred in tune with the directions. However, if the petitioner fails to honour any of the installments as stipulated above, the respondents are free to proceed against the petitioner.

Sd/- A.MUHAMED MUSTAQUE, JUDGE.