Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN THURSDAY, THE 12TH DAY OF OCTOBER 2023 / 20TH ASWINA, 1945 PETITIONER: M.CHACKO PANICKER, AGED 67 YEARS S/O.MATHEW PANICKER, RESIDING AT HOUSE OF DAVID, HOSPITAL JUNCTION, KUNDARA, KOLLAM. BY ADVS.B.KRISHNA MANI SMT.DHANUJA M.S RESPONDENTS:
1 THE MANAGING DIRECTOR THE KERALA STATE FINANCIAL ENTERPRISES LTD., BHADRATHA, POST BOX NO.510, MUSEUM ROAD, THRISSUR-680 020. 2 THE MANAGER, THE KERALA STATE FINANCIAL ENTERPRISES LTD., KUNDARA BRANCH-1, KOLLAM DISTRICT-691 501. 3 THE MANAGER, THE KERALA STATE FINANCIAL ENTERPRISES LTD., KUNDARA BRANCH II, KOLLAM DISTRICT-691 501. 4 THE MANAGER, THE KERALA STATE FINANCIAL ENTERPRISES LTD., VADAYATTUKOTTA BRANCH, VADAYATTUKOTTA, KOLLAM-691 001. 5 THE MANAGER, THE KERALA STATE FINANCIAL ENTERPRISES LTD., EZHUKONE BRANCH, KOLLAM DISTRICT-691 505. 6 THE MANAGER, THE KERALA STATE FINANCIAL ENTERPRISES LTD., KADAPPAKADA BRANCH, KOLLAM DISTRICT-691 008. 7 THE MANAGER, THE KERALA STATE FINANCIAL ENTERPRISES LTD., CHAVARA BRANCH, KOLLAM DISTRICT-691 583. 8 THE MANAGER, THE KERALA STATE FINANCIAL ENTERPRISES LTD., BEACH ROAD BRANCH, KOLLAM-691 001. 9 THE MANAGER, THE KERALA STATE FINANCIAL ENTERPRISES LTD., KERALAPURAM BRANCH, KOLLAM-691 014. 10 THE MANAGER, THE KERALA STATE FINANCIAL ENTERPRISES LTD., CHINNAKADA BRANCH, KOLLAM DISTRICT-691 001. :: 2 ::
11 THE TAHSILDAR (RR), OFFICE OF THE REVENUE RECOVERY TAHSILDAR, KOLLAM-691 008. 12 THE SPECIAL DEPUTY TAHSILDAR, OFFICE OF THE SPECIAL DEPUTY TAHSILDAR (RR), KERALA STATE FINANCIAL ENTERPRISES LTD., KOLLAM-691 008. BY ADV SRI.P.PRIJITH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: :: 3 ::
JUDGMENT
The petitioner says that he and his family members have subscribed 34 “Chittys” from various branches of the Kerala State Financial Enterprises (KSFE), who are arrayed as respondents 2 to 10. He asserts that said branches are not giving him the statement of account of the respective “Chittys”, saying that total debt is in excess of Rupees Four Crores. He says that this has incapacitated him from putting up a scheme for settling the debts, including by sale of his property as a whole, or portions thereof, as may be found necessary. He thus prays that first respondent -
Managing Director of the Kerala State Financial Enterprises, be directed to order the branches to give the statements of the respective “Chittys”; and further to permit him to sell the secured assets through private sale, or to offer a Scheme for settlement of it by sale of apposite properties, or its portions thereof.
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2. The afore submissions of Sri.B.Krishnamani -
learned counsel for the petitioner, were answered by Sri.Salil Narayanan - learned Standing Counsel appearing for the KSFE, saying that the total amount due from the petitioner, under 34 “Chittys”, from ten branches, is Rs.4,80,60,860/- as on 30.10.2023; and that if the petitioner approaches the respective branches, they will give copies of the statements regarding the amounts to be settled. He then added that, as regards the petitioner’s request for sale of properties or its portion, through private sale, he always make a request for this before the first respondent, which will then be considered and apposite orders issued.
3. Taking note of the afore submissions, I allow this writ petition in the following manner:
(a) If the petitioner approaches the respective
branches of the KSFE seeking statements of account of the “Chittys”, prized in his or in the names of the members of his family, along with all documents of the “Chittys” subscribed by him, within a period of one month from the date of receipt of a copy of this :: 5 :: judgment, the same shall be afforded to him within a period of two weeks.
(b) The petitioner is also at liberty to move the
respective branches, or the first respondent - the Managing Director, KSFE, with apposite proposals/proposal for private sale of the properties concerned, or for sale of requisite portions of the same, and if this is done within a period of two months from the date of receipt of a copy of this judgment, the same shall be considered in terms of law. For this purpose, the petitioner will also be at liberty to move the jurisdictional Sale Officer, subject to the decision to be taken by the KSFE as afore.
This writ petition is thus ordered. sd/- DEVAN RAMACHANDRAN JUDGE jes :: 6 :: APPENDIX PETITIONER’S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE NOTICE DATED 04.09.2020 ISSUED BY THE KERALA STATE FINANCIAL ENTERPRISES LTD.
EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 09.09.2020. EXHIBIT P3 TRUE COPY OF THE VOUCER DATED 24.05.2017. EXHIBIT P4 TRUE COPY OF THE VOUCHER DATED 19.12.2017. EXHIBIT P5 TRUE COPY OF THE VOUCHER DATED 19.12.2017. EXHIBIT P6 TRUE COPY OF THE COMMUNICATION DATED 07.09.2020 TO
THE MANAGER, KERALA STATE FINANCIAL ENTERPRISES LTD. REVENUE RECOVERY KOLLAM. EXHIBIT P7 TRUE COPY OF THE COMMUNICATION DATED 20.11.2019 TO THE MANAGER, KSFE, KOLLAM. Exhibit P8 A TRUE COPY OF THE JUDGMENT IN W.A.NO.474/2014 BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM DATED 14-3-2018 Exhibit P9 A TRUE COPY OF THE ORDER DATED 17/9/2019 // TRUE COPY // P.S. TO JUDGE