High Court of KeralaWP(C)/25580/2015disposed of

Shakin S.Das v. The Kerala State Financial Enterprises Ltd.

2015-08-21Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 21ST DAY OF AUGUST 2015/30TH SRAVANA, 1937 WP(C).No. 25580 of 2015 (V) ---------------------------- PETITIONER(S):

-------------------------- SHAKIN S.DAS, S/O.THULASIDAS, AGED 27 YEARS, RESIDING AT FLAT NO.36, ABOVE HEIGHT, VATTEKKUNNU, EDAPPALLY, ERNAKULAM FROM K.M. VILAS, PALAKKUNNU, KIZHUVILAM, KUNTHLLOOR P.O., CHIRAYINKEEZHU, THIRUVANANTHAPURAM DISTRICT.

BY ADVS.SRI.K.SIJU, SMT.S.SEETHA.

RESPONDENT(S):

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

1. THE KERALA STATE FINANCIAL ENTERPRISES LTD., THRISSUR, REPRESENTED BY ITS MANAGING DIRECTOR, PIN- 680 001.

2. THE BRANCH MANAGER, THE KERALA STATE FINANCIAL ENTERPRISES LTD., KADAKKAL BRANCH, KADAKKAL P.O., KOLLAM- 691 536.

3. SPECIAL DEPUTY TAHSILDAR (R.R), THE KERALA STATE FINANCIAL ENTERPRISES LTD., KOLLAM- 691 001.

4. THE VILLAGE OFFICER, KUMMIL VILLAGE, KUMMIL P.O., KOLLAM- 691 536.

5. SHIRLY K.DAS, W/O.LATE THULASIDAS, AGED 48 YEARS, K.M. VILAS, PALAKKUNNU, KIZHUVILAM, KUNTHLLOOR P.O., CHIRAYINKEEZHU, THIRUVANANTHAPURAM DISTRICT- 695 604.

R1 TO R3 BY ADV. SRI.ALEXANDER.C.V., SC, ADV. SRI.A.M.ANTONY, SC.

R4 BY GOVT. PLEADER SRI.GIKKU JACOB.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).No. 25580 of 2015 (V) APPENDIX PETITIONER'S EXHIBITS:- P1:

THE COPY OF DEATH CERTIFICATE ISSUED BY THE REGISTRAR OF BIRTH AND DEATH, THIRUVANANTHAPURAM CORPORATION DATED 16/11/2012.

P2:

THE COPY OF NOTICE DATED 09/07/2015 ISSUED BY THE 3RD RESPONDENT. P3:

THE COPY OF SALE DEED NO.4504/88 OF KADAKKAL SUB REGISTRY DATED 29/11/1988.

P4:

THE COPY OF TAX RECEIPT DATED 25/09/2013 IN FAVOUR OF THE DECEASED FATHER OF THE PETITIONER.

RESPONDENT'S EXHIBITS:- NIL.

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

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No.25580 of 2015 ****************************************************************************** Dated this the 21st day of August, 2015

JUDGMENT

The petitioner, challenging Revenue Recovery proceedings, has approached this Court. The fifth respondent has subscribed chitty with the first respondent and defaulted repayment. The petitioner claims that he is one of the co-owners of the property and he is prepared to discharge the entire liability to save the property. Considering the request as above, the petitioner is given four months time from today to discharge the entire liability on condition that he remits Rs.50,000/- within one month from today and another sum of Rs.50,000/- within two months thereon and the entire balance amount in the fourth month. If the petitioner fails to honour anyone of the above directions, the respondents are free to proceed against the petitioner in accordance with law. The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln