High Court of KeralaWP(C)/18939/2015disposed of

Abdul Majeed Alias Abdul Azeez v. Special Deputy Tahsildar, K.S.F.E.

2015-07-03Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 3RD DAY OF JULY 2015/12TH ASHADHA, 1937 WP(C).No. 18939 of 2015 (N) ---------------------------- PETITIONER :

----------------------- ABDUL MAJEED ALIAS ABDUL AZEEZ, S/O. MUHAMMED, VALIYAKATH HOUSE, VALAPPADU VILLAGE, CHAVAKKADU TALUK.

BY ADVS.SRI.BABU CHERUKARA SMT.ROSAMMA MATHEW SRI.P.A.SALIM SRI.ANZAR BASHEER SRI.P.ANTO THOMAS SRI.K.S.GIREESAN RESPONDENT(S):

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

1. SPECIAL DEPUTY TAHSILDAR, KERALA STATE FINANCIAL ENTERPRISES LTD., CHEMBUKAVU, THRISSUR, PIN-680 201.

2. BRANCH MANAGER, KERALA STATE FINANCIAL ENTERPRISES LTD., PRESS CULB ROAD, ERNAKULAM, COCHIN-682 031.

R1 & R2 BY ADV. SRI.V.N.SASIDHARAN., SC, KSFE. SRI.ALEXANDER.C.V., SC, KERALA STATE FINANCIAL ENT THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 18939 of 2015 (N) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :

TRUE PHOTOSTAT COPY OF THE NOTICE BEARING NO.SDT/TSR/3554, 3577/14-15 DATED 1-6-2015.

P2 :

TRUE PHOTOCOPIES OF THE RECEIPTS DATED 20-12-2014 AND 20-1-2015. RESPONDENT(S)' EXHIBITS:

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

A.MUHAMED MUSTAQUE, J.

~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C).No.18939/2015 ~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 3rd Day of July, 2015

J U D G M E N T

The petitioner has approached this Court impugning revenue recovery proceedings initiated to recover the dues towards the Kerala State Financial Enterprises Ltd. (for short, "the KSFE "). He claims that he stood as a guarantor to two chits subscribed by one Rajeshkumar. The petitioner had earlier approached this Court with W.P.(C).No.32422/2014 when recovery was initiated for a sum of Rs.2,01,558/-. The above writ petition was disposed of on 03/12/2014 directing the petitioner to discharge the entire liability in four equal monthly instalments. It appears that the petitioner did not clear the liability. Now, a consolidated recovery is sought. According to the petitioner, the entire amount is now demanded. The petitioner's only prayer before this Court is that he may be given six months time to repay the entire liability. It is submitted that he is selling one of his properties to satisfy the liability.

Considering the facts and circumstances, the writ petition is disposed of with the following directions:

W.P.(C).No.18939/2015 -:2:- The petitioner shall deposit Rs.1,00,000/- (Rupees one lakh only) within one month from today. The entire recovery proceedings shall be deferred for a period of six months from today to enable the petitioner to liquidate the liability. However, if the petitioner fails to liquidate the liability, the KSFE is free to proceed against the petitioner in accordance with law. No costs. Sd/- A.MUHAMED MUSTAQUE, JUDGE ms