Allowed

Satheeshkumar S. v. Special Deputy Thasildar (R.R)

Kerala HC2 Dec 2016WP(C)/11822/2016

Case brief

AI extract

What is this about?

In this writ petition, the petitioner challenged recovery notices issued for default on chit funds, seeking permission to repay the outstanding amount in installment installments. The High Court, balancing economic constraints, granted permission for 12-month installment payment.

What did the court decide?

Permission granted to remit outstanding amounts in 12 equated monthly installments starting from 24.12.2016, with liberty to the respondents to resume lump-sum recovery in case of default.

Satheeshkumar S. Vs Special Deputy Thasildar (R.R) — Service and Employment | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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FRIDAY, THE 2ND DAY OF DECEMBER 2016/11TH AGRAHAYANA, 1938

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WP(C).No. 11822 of 2016 (C)

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PETITIONER:

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SATHEESHKUMAR S, S/O.STANSILUS A.,PLANKALAPUTHAN VEEDU, PERAVOR MANIVILA, NEYYATTINKARA,TRIVANDRUM.

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BY ADV. SRI.M.R.SARIN

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RESPONDENT(S):

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1. SPECIAL DEPUTY THASILDAR (R.R), KSFE LTD,AKSHAYA SHOPPING COMPLEX NEYYATTINKARA,TRIVANDRUM.695001.

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2. THE VILLAGE OFFICER, KUNNATHUKAL VILLAGE,TRIVANDRUM 695001.

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3. MANAGER, KSFE LTD.,UDIYANKULANGARA BRANCH, TRIVANDRUM 695001.

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R1,R2 BY SENIOR GOVERNMENT PLEADER SMT K.R.DEEPA R3 BY ADVS. SRI.A.M.ANTONY, SC, SRI.M.GOPIKRISHNAN NAMBIAR,SC

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02-12-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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K.V.

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WP(C).No. 11822 of 2016 (C) ----------------------------

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APPENDIX

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PETITIONER(S)' EXHIBITS ----------------------EXT.P1: TRUE COPY DEMAND NOTICE ISSUED BY 1ST RESPONDENT UNDER SECTION 7 OF REVENUE RECOVERY ACT 1968. EXT.P2: TRUE COPY OF DEMAND NOTICE PRIOR TO ATTACHMENT OF LAND UNDER SECTION 34 OF REVENUE RECOVERY ISSUED BY THE 1ST RESPONDENT. EXT.P3: TRUE COPY OF DEMAND NOTICE PRIOR TO ATTACHMENT OF LAND UNDER SECTION 34 OF REVENUE RECOVERY ISSUED BY THE 1ST RESPONDENT. RESPONDENT(S)' EXHIBITS NIL -----------------------

/TRUE COPY/

P.A.TO JUDGE

K.V.

SHAJI P. CHALY, J.

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W.P.(C). No.11822 of 2016

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Dated this the 2^nd day of December, 2016

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JUDGMENT

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Petitioner was a subscriber of two chits bearing

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Nos.20/2011A-8 and 12/12-15 conducted by the 3^rd respondent. Petitioner availed a loan amount of Rs.10,00,000/- each from the above two chits. Petitioner has not complied with the terms and conditions of the loan agreement, which persuaded the respondents to initiate recovery action resorting to the provisions of the Kerala Revenue Recovery Act. It is thus challenging Exts.P1, P2 and P3, this writ petition is filed.

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Heard respective counsel and perused the documents on record and the pleadings put forth by the petitioner.

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Even though very many contentions are raised in the writ petition, learned counsel for petitioner confines the argument seeking indulgence of this court permitting the petitioner to remit the outstanding amounts in reasonable equated monthly installments. Learned counsel sought permission to repay the amounts in 15 installments. Same is

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W.P.(C). No.11822 of 2016

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stoutly opposed by learned counsel for Kerala Financial Enterprises and submitted that, only 5 installments may be granted to the petitioner to pay off the outstanding amounts.

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Taking note of the respective submissions made across the Bar, I am of the considered opinion that, since an adverse economic situation is prevailing in the society, reasonable via media can be taken permitting the petitioner to repay the amount. Therefore, petitioner is directed to remit the amounts in 12 equated monthly installments starting from 24.12.2016 and on the corresponding day of the succeeding months. Needless to say, if any of the installment is defaulted by the petitioner, respondents will be at liberty to resurrect proceedings under the Revenue Recovery Act and recover the amount in lump. In order to enable the petitioner to pay the amount as directed above, a statement of accounts shall be provided to the petitioner within two weeks from the date of receipt of a copy of this judgment.

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Writ petition is disposed of accordingly.

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Sd/-

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SHAJI P. CHALY JUDGE

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smv 02.12.2016

Satheeshkumar S. v. Special Deputy Thasildar (R.R)

Case brief

What is this about?

What did the court decide?

Satheeshkumar S. v. Special Deputy Thasildar (R.R)

Case brief

What is this about?

What did the court decide?

What the court decided

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