Disposed

Sasidharan Pilla v. State of Kerala

Kerala HC26 Nov 2013WP(C)/22721/2013

Case brief

AI extract

What is this about?

A single-judge writ bench directed the Kerala Financial Corporation, the fifth respondent, to consider the petitioners' representation for a One Time Settlement scheme with a two-month notice period. Coercive proceedings were stayed, conditional upon petitioners remitting Rs. 15 lakhs within one month.

What did the court decide?

Directed fifth respondent to consider representation for One Time Settlement within two months subject to payment of Rs. 15 lakhs within one month. Stayed coercive proceedings.

Sasidharan Pilla Vs State of Kerala — Civil Procedure and Limitation | Kerala HC (2013)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH

¶4

TUESDAY, THE 26TH DAY OF NOVEMBER 2013/5TH AGRAHAYANA, 1935

¶5

WP(C).No. 22721 of 2013 (M)

¶6

PETITIONER(S):

¶7

SASIDHARAN PILLA, AGED 50 YEARS S/O.KOCHUKRISHNA PILLA, LAKSHMI BHAVANAM, VALLIKUNNAM ALAPPUZHA DISTRICT.

¶8

LALITHAMMA, AGED 42 YEARS W/O.SASIDHARAN PILLA, LAKSHMI BHAVANAM, VALLIKUNNAM ALAPPUZHA DISTRICT.

¶9

BY ADV. SMT.G.VIDYA

¶10

RESPONDENT(S):

¶11

STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE THIRUVANANTHAPURAM-695001.

¶12

THE DISTRICT COLLECTOR CIVIL STATION, ALAPPUZHA DISTRICT, PIN 688001.

¶13

REVENUE DIVISIONAL OFFICER REVENUE DIVISIONAL OFFICE, ALAPPUZHA DISTRICT PIN 688001.

¶14

DEPUTY TAHASILDAR (R.R) KERALA FINANCIAL CORPORATION (K.F.C.) ALAPPUZHA DISTRICT, PIN 688001.

¶15

KERALA FINANCIAL CORPORATION REPRESENTED BY DEPUTY MANAGER, ALAPPUZHA DISTRICT PIN 688001.

¶16

BY ADV. SRI.K.JAJU BABU,SC,KFC

¶17

BY SR. GOVERNMENT PLEADER SMT. SHOBA ANNAMMA EAPEN BY SRI.T.V.GEORGE, SC, KFC

¶18

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26-11-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶19

WP(C).No. 22721 of 2013 (M)

¶20

APPENDIX

¶21

PETITIONER(S)' EXHIBITS

¶22

EXHIBIT P1 : THE TRUE COPY OF THE RELEVANT PORTION OF THE SALE PROCEEDINGS OF THE 5TH RESPONDENT DATED 20.05.2002. EXHIBIT P2 : THE TRUE COPY OF THE RECOVERY NOTICE ISSUED BY THE 4TH RESPONDENT DATED 05.08.2013. EXHIBIT P3 : THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 5TH RESPONDENT.

¶23

RESPONDENT(S)' EXHIBITS : NIL

¶24

/TRUE COPY/

¶25

P.A. TO JUDGE.

¶26

V. CHITAMBARESH, J

¶27

WP(C) NO. 22721 OF 2013

¶28

Dated this the 26^th day of November, 2013

¶29

JUDGMENT

¶30

The petitioners confine their relief to a consideration of Ext.P3 representation seeking the benefit of One Time Settlement scheme if any. The petitioners are eager and willing to wipe off the entire liability due to the fifth respondent provided the penal interest is waived and maximum concessions are granted.

¶31

I direct the fifth respondent to consider Ext.P3 representation with notice to the petitioner within a period of two months. The coercive proceedings pursuant to Ext.P2 demand notice as against the petitioners shall be put on hold in the meanwhile. This is subject to the condition that the petitioners remit a sum of `15,00,000/- (Rupees Fifteen lakhs only) towards the dues with the fifth respondent within a period of one month.

¶32

The coercive steps can surge ahead if the petitioners commit default in the compliance of the conditions above.

¶33

The Writ Petition is disposed of.

¶34

V. CHITAMBARESH JUDGE

¶35

ncd

Sasidharan Pilla v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sasidharan Pilla v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Saji Alex Vs District Collector

Nujumudeen Vs Themanager, Ksfe Ltd.

Joseph Vilangadan Vs State of Kerala

Gomathi Vs Syndicate Bank

A.M.Abdul Hameed Vs the Commercial Tax Officer

T.R. Raveendran Vs Special Deputy Tahsildar (Rr)