Pathu vs the Manager

PATHU vs The Manager

Type Court Judgment Court Kerala Decided Feb 28, 2023

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https://sooperkanoon.com/case/1340270

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Citation: sooperkanoon.com/1340270
Court: Kerala High Court
Judge: Honourable Mr. Justice Shaji P.Chaly
Decided On: Feb 28, 2023
Case Number: WP(C)/5707/2023

Parties & Advocates

Appellant / Petitioner

PATHU

Respondent

The Manager

Excerpt

.....are subscribers to one chitty each conducted by the kerala state financial enterprises ltd. (ksfe). chitty is prized in favour of the petitioners and amounts were released; however, repayment was defaulted consequent to which ksfe initiated action under sections 7 and 34 of the kerala revenue recovery act, 1968. it is challenging the legality and correctness of the coercive action, this writ petition is filed.2. the learned counsel for the petitioner submitted that therecovery notices are issued without a proper quantification done by the respondents. in my considered opinion, the amounts are fallen due on the basis of a chitty contract entered into by the petitioners with the ksfe. if the petitioners are of the opinion that the figures reflected in the notice are not correct, it was for the petitioners to raise objection before the revenue authority. there is no case for the petitioners that any objection is raised against the notices issued. however, later the learned counsel for the petitioner submitted that the petitioners may be provided with 18 instalments to pay the outstanding amount.3. the learned standing counsel submitted that as on today,rs.60,40,279/- is due from the petitioners. having heard the learned counsel for the petitioners, sri.jose kuriakose, and the learned standing counsel sri.p.prajit and having perused the pleadings and materials on record, this writ petition is disposed of granting liberty to the petitioners to pay the outstanding amount specified above in 18 equated monthly instalments starting from 10.3.2023 and on the corresponding date of the succeeding months. i make it clear that if any one of the instalments is defaulted, respondents will be at liberty to proceed in accordance with law and recover the amounts in lump. sd/- shaji p.chaly, judge mrcs appendix of wp(c) 5707/2023 petitioner exhibits exhibit-p1 true copy of the demand notice under sec. 7 bearing no. rrc no. 2022/692/11 exhibit-p2 true copy of the demand notice.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE SHAJI P.CHALY TUESDAY, THE 28TH DAY OF FEBRUARY 2023 / 9TH PHALGUNA, WP(C) NO. 5707 OF 2023 PETITIONERS 1 SMT.PATHU, AGED 56 YEARS W/O. IBRAHIM PUTHUR ATHIYODI, KOORACHUNDU, KOZHIKODE DISTRICT., PIN - 673527 2 SMT.AFSATH, AGED 33 YEARS D/O. IBRAHIM THARAKULATH HOUSE KOODATHAI BAZAR P.O.,KOODATHAI, KOZHIKODE DISTRICT., PIN - BY ADVS. LUIZ GODWIN D COUTH JOSE KURIAKOSE (VILANGATTIL) BIJO FRANCIS RESPONDENTS 1 THE MANAGER THE KERALA STATE FINANCIAL ENTERPRISES LTD. KALLAYI ROAD BRANCH, CHALAPPURAM P.O., CALICUT, PIN - 673002 2 THE SPECIAL DEPUTY TAHASILDAR REVENUE RECOVERY SECTION, MINI CIVIL STATION, KOYILANDY TALUK, KOZHIKODE DISTRICT, PIN - 3 THE VILLAGE OFFICER KAYANNA VILLAGE OFFICE, KOYILANDY TALUK, KOZHIKODE DISTRICT, PIN - 673527 R1 AND 2 - SRI.P.PRAJITH, SC R3 - SMT.DEEPA NARAYANAN,senior government pleader BY SHRI.SALIL NARAYANAN K.A., THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SHAJI P.CHALY. J. ---------------------- W.P.(C).5707 of 2023 ----------------------- Dated : 28th February, 2023

JUDGMENT

Petitioners are subscribers to one chitty each conducted by the Kerala State Financial Enterprises Ltd. (KSFE). Chitty is prized in favour of the petitioners and amounts were released; however, repayment was defaulted consequent to which KSFE initiated action under Sections 7 and 34 of the Kerala Revenue Recovery Act, 1968. It is challenging the legality and correctness of the coercive action, this writ petition is filed.

2. The learned counsel for the petitioner submitted that the

recovery notices are issued without a proper quantification done by the respondents. In my considered opinion, the amounts are fallen due on the basis of a chitty contract entered into by the petitioners with the KSFE. If the petitioners are of the opinion that the figures reflected in the notice are not correct, it was for the petitioners to raise objection before the Revenue authority. There is no case for the petitioners that any objection is raised against the notices issued. However, later the learned counsel for the petitioner submitted that the petitioners may be provided with 18 instalments to pay the outstanding amount.

3. The learned Standing counsel submitted that as on today,

Rs.60,40,279/- is due from the petitioners. Having heard the learned counsel for the petitioners, Sri.Jose Kuriakose, and the learned Standing Counsel Sri.P.Prajit and having perused the pleadings and materials on record, this writ petition is disposed of granting liberty to the petitioners to pay the outstanding amount specified above in 18 equated monthly instalments starting from 10.3.2023 and on the corresponding date of the succeeding months. I make it clear that if any one of the instalments is defaulted, respondents will be at liberty to proceed in accordance with law and recover the amounts in lump. Sd/- SHAJI P.CHALY, Judge Mrcs APPENDIX OF WP(C) 5707/2023 PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE DEMAND NOTICE UNDER SEC. 7 BEARING NO. RRC NO. 2022/692/11 Exhibit-P2 TRUE COPY OF THE DEMAND NOTICE UNDER SEC. 34 BEARING NO. RRC NO. 2022/692/11 Exhibit-P3 TRUE COPY OF THE DEMAND NOTICE UNDER SEC. 7 BEARING NO. RRC NO. 2022/687/11 Exhibit-P4 TRUE COPY OF THE DEMAND NOTICE UNDER SEC. 34 BEARING NO. RRC NO. 2022/687/11

Same Court & Year Kerala · 2023 Same Parties PATHU vs The Manager Same Judge Honourable Mr. Justice Shaji P.Chaly