Deepa Ajithkumar vs Branch Manager

Type Court Judgment Court Kerala Decided Mar 25, 2025

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https://sooperkanoon.com/case/1278143

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Citation: sooperkanoon.com/1278143
Court: Kerala High Court
Judge: Honourable Mr.Justice Murali Purushothaman
Decided On: Mar 25, 2025
Case Number: WP(C)/8234/2025
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Deepa Ajithkumar

Respondent

Branch Manager

Excerpt

.....of the petitioner is that recovery steps are taken against the petitioner without proceeding against respondents 2 to 4, who are the legal heirs of the principal borrower and whose estate is succeeded by respondents 2 to 4.2. sri.arun, the learned standingcounsel for the ksfe submits that, if the petitioner furnishes the details of the assets of late bishad, the ksfe will consider proceeding against the same, as well.3. accordingly, there will be a directionto the petitioner to file suitable representation for appropriate relief before the 1st respondent within two weeks from today. on receipt of such representation, the 1st respondent shall consider the same in accordance with law within one month thereafter. till such time orders are passed and communicated to the petitioner, there shall not be any coercive proceedings against the petitioner. the writ petition is disposed of with the above direction. sd/- murali purushothaman judge spr appendix petitioner’s exhibits :-exhibit p1 the true copy discharge summary issued by the amala institute of medical science, thrissur dated 03.04.2023. exhibit p2 true copy of the treatment record of the husband of the petitioner issued by the raja hospital. exhibit p3 a true copy of the plaint dated 05.12.2023 in os no. 1029/2023 of the munsiff court, chavakkad. exhibit p4 a true copy of the demand notice issued by the 1st respondent to the petitioner dated 12.11.2024 issued under sec.7 of kerala revenue recovery act.respondents exhibits: nil.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947 WP(C) NO. 8234 OF 2025 PETITIONER: DEEPA AJITHKUMAR AGED 51 YEARS W/O. AJITHKUMAR, MULLATHU HOUSE, CHITTANJOORU P.O, KUNNAMKULAM, THRISSUR, BY ADVS. RAJIT SRUTHI RAJIT RESPONDENTS: 1 BRANCH MANAGER KSFE KUNNAMKULAM BRANCH, KUNNAMKULAM P.O, THRISSUR, 2 BALAKRISHNAN THRISSUR, PIN - 680 523. 3 USHA AGED 66 YEARS, W/O. BALAKRISHNAN, THRISSUR, 4 SHIBA D/O. BALAKRISHNAN, THRISSUR, PIN - 680 523. 5 SPECIAL DEPUTY TAHSILDAR (REVENUE RECOVERY) KERALA STATE FINANCIAL CORPORATION (KSFE), OFFICE OF THE REVENUE RECOVERY, THRISSUR, PIN - 680 020. BY ADV ARUN ANTONY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The petitioner was the guarantor for the prized chitty subscribed by one Bishad with the Kerala State Financial Enterprises (KSFE). Bishad expired. There was default in payment of installments and the KSFE initiated recovery proceedings against the petitioner. Ext.P4 is the demand notice issued under Section 7 of the Kerala Revenue Recovery Act, 1968 by the 5 th respondent. The grievance of the petitioner is that recovery steps are taken against the petitioner without proceeding against respondents 2 to 4, who are the legal heirs of the principal borrower and whose estate is succeeded by respondents 2 to 4.

2. Sri.Arun, the learned Standing

Counsel for the KSFE submits that, if the petitioner furnishes the details of the assets of late Bishad, the KSFE will consider proceeding against the same, as well.

3. Accordingly, there will be a direction

to the petitioner to file suitable representation for appropriate relief before the 1st respondent within two weeks from today. On receipt of such representation, the 1st respondent shall consider the same in accordance with law within one month thereafter. Till such time orders are passed and communicated to the petitioner, there shall not be any coercive proceedings against the petitioner. The writ petition is disposed of with the above direction. Sd/- MURALI PURUSHOTHAMAN JUDGE SPR APPENDIX PETITIONER’S EXHIBITS :-

EXHIBIT P1 THE TRUE COPY DISCHARGE SUMMARY ISSUED BY THE AMALA INSTITUTE OF MEDICAL SCIENCE, THRISSUR DATED 03.04.2023. EXHIBIT P2 TRUE COPY OF THE TREATMENT RECORD OF THE HUSBAND OF THE PETITIONER ISSUED BY THE RAJA HOSPITAL. EXHIBIT P3 A TRUE COPY OF THE PLAINT DATED 05.12.2023 IN OS NO. 1029/2023 OF THE MUNSIFF COURT, CHAVAKKAD. EXHIBIT P4 A TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 12.11.2024 ISSUED UNDER SEC.7 OF KERALA REVENUE RECOVERY ACT.

RESPONDENTS EXHIBITS: NIL.

Same Court & Year Kerala · 2025 Same Parties Deepa Ajithkumar vs Branch Manager Same Subject Land Acquisition Same Judge Honourable Mr.Justice Murali Purushothaman