C.M.Peter vs Kerala State Financial Enterprises Ltd[Ksfe]

Type Court Judgment Court Kerala Decided Jun 01, 2023

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Citation: sooperkanoon.com/1363930
Court: Kerala High Court
Judge: Honourable Mr. Justice P.V.Kunhikrishnan
Decided On: Jun 01, 2023
Case Number: WP(C)/17675/2023

Parties & Advocates

Appellant / Petitioner

C.M.Peter

Respondent

Kerala State Financial Enterprises Ltd[Ksfe]

Excerpt

.....or order,quashing exts.p1 and p2 proceedings of the 2nd respondent. ii) declare that, the entire exts.p1 and p2 proceedings are null and void. iii) to dispense with the filing of the translation of vernacular documents. iv) issue such other order or direction which as deem fit and necessary by this hon'ble court. [sic]2. the petitioner is an electrical contractor. thereis some arrears to be paid to the 1st respondent in connection with a chitty loan. now the revenue recovery proceedings are initiated against the petitioner. the petitioner submitted that, petitioner's wife died recently and he is not in a position to pay the amount in bulk. he requires installment facility to clear the liability. hence this writ petition.3. heard learned counsel for the petitioner and the learned standing counsel appearing for the 1 st respondent. i also heard the learned government pleader, who appeared for respondents 2 to 5.4. the learned standing counsel appearing for the1st respondent submitted that, the amount due as on today is rs.10,64,212/-. the learned counsel for the petitioner submitted that, the petitioner will be able to pay the amount in ten equal monthly installments. if that is the case, i think the prayer for installment facility can be allowed. therefore this writ petition is allowed in the following manner :(i) the petitioner is free to repay the entire amount of rs.10,64,212/- due to the 1 st respondent in 10 equal monthly installments starting from 01.07.2023.(ii) if there is any default of two consecutive installments, respondents are free to proceed in accordance with law.(iii) if the amount is paid as directed above, therecovery based on exts.p1 and p2 shall be deferred. sd/- p.v kunhikrishnan judge ap appendix of wp(c) 17675/2023 petitioner exhibits exhibit.p1 true copy of the notice rrc no.2022/20139/07 issued by the 2nd respondent to the petitioner dated.18.1.2023 exhibit.p2 true copy of the notice rrc no.2022/20130/07 issued by the 2nd.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 1ST DAY OF JUNE 2023 / 11TH JYAISHTA, 1945 WP(C) NO. 17675 OF 2023 PETITIONER: C.M.PETER AGED 78 YEARS S/O LATE MICHAEL, CHAKKALAKAL HOUSE, CARRIER STATION ROAD, E RNAKULAM., PIN - 682016 BY ADVS. JEEVAN MATHEW MANAYANI JOHNSON MANAYANI RESPONDENTS:
1 KERALA STATE FINANCIAL ENTERPRISES LTD[KSFE] MAIN BRANCH, CHITTOOR ROAD, ERNAKULAM, REP.BY ITS MANAGER, PIN - 682035 2 THE SPECIAL DEPUTY TAHSILDAR[RR] KERAL STATE FINANCIAL ENTERPRISES LTD[KSFE], CHITOOR ROAD, ERNAKULAM., PIN - 682035 3 KERALA STATE FINANCIAL ENTERPRISES LTD BHADRATHA, MUSEUM ROAD, PB 50, THRISSUR, REP BY ITS MANAGING DIRECTOR, PIN - 680020 4 SECRETARY TO REVENUE SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 5 STATE OF KERALA REP. BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
SRI.SALIL NARAYANAN, SC, SMT.VIDYA KURIAKOSE, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.V.KUNHIKRISHNAN, J.
------------------------------ W.P.(C).No. 17675 of 2023 ---------------------------------------------- Dated this the 1st day of June, 2023

JUDGMENT

This writ petition is filed with the following prayers:

i) Issue a writ of certiorari or any other writs, directions or order,quashing Exts.P1 and P2 proceedings of the 2nd respondent. ii) Declare that, the entire Exts.P1 and P2 proceedings are null and void. iii) To dispense with the filing of the translation of vernacular documents. iv) Issue such other order or direction which as deem fit and necessary by this Hon'ble Court. [SIC]

2. The petitioner is an Electrical contractor. There

is some arrears to be paid to the 1st respondent in connection with a chitty loan. Now the revenue recovery proceedings are initiated against the petitioner. The petitioner submitted that, petitioner's wife died recently and he is not in a position to pay the amount in bulk. He requires installment facility to clear the liability. Hence this writ petition.

3. Heard learned counsel for the petitioner and the learned Standing Counsel appearing for the 1 st respondent. I also heard the learned Government Pleader, who appeared for respondents 2 to 5.

4. The learned Standing Counsel appearing for the

1st respondent submitted that, the amount due as on today is Rs.10,64,212/-. The learned counsel for the petitioner submitted that, the petitioner will be able to pay the amount in ten equal monthly installments. If that is the case, I think the prayer for installment facility can be allowed. Therefore this writ petition is allowed in the following manner :

(i) The petitioner is free to repay the entire amount of Rs.10,64,212/- due to the 1 st respondent in 10 equal monthly installments starting from 01.07.2023.

(ii) If there is any default of two consecutive installments, respondents are free to proceed in accordance with law.

(iii) If the amount is paid as directed above, the

recovery based on Exts.P1 and P2 shall be deferred. Sd/- P.V KUNHIKRISHNAN JUDGE AP APPENDIX OF WP(C) 17675/2023 PETITIONER EXHIBITS Exhibit.P1 TRUE COPY OF THE NOTICE RRC NO.2022/20139/07 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED.18.1.2023 Exhibit.P2 TRUE COPY OF THE NOTICE RRC NO.2022/20130/07 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED.18.1.2023 Exhibit.P3 TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE RESPONDENTS 3 & 4 DATED.29.5.2023

Same Court & Year Kerala · 2023 Same Parties C.M.Peter vs Kerala State Financial Enterprises Ltd[Ksfe] Same Judge Honourable Mr. Justice P.V.Kunhikrishnan