Allowed

Vivek G. v. State of Kerala

Kerala HC29 Nov 2016WP(C)/3932/2016

Case brief

AI extract

What is this about?

The High Court at Ernakulam disposed of a writ petition challenging coercive recovery action. The court directed the petitioner to repay a defaulted amount in 12 equated monthly instalments. Failure to pay invites resumption of recovery proceedings. A statement of account was ordered.

What did the court decide?

Direction to pay the amount in 12 equated monthly instalments starting from 15.12.2016; default allows resumption of recovery proceedings.

Vivek G. Vs State of Kerala — Contract and Commercial Disputes | Kerala HC (2016)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

¶4

TUESDAY, THE 29TH DAY OF NOVEMBER 2016/8TH AGRAHAYANA, 1938

¶5

WP(C).No. 3932 of 2016 (N)

¶6

PETITIONER:

¶7

VIVEK G, S/O.SURENDRAN, AGED 41 YEARS, RESIDING AT “MANI MANGALAM” CHERIYANAD P O, CHENGANOOR, ALAPPUZHA DISTRICT.

¶8

BY ADV. SRI.S.S.RAJESH

¶9

RESPONDENT(S):

¶10

1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO DEPARTMENT OF FINANCE, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM 695001.

¶11

2. KERALA STATE FINANCIAL ENTERPRISES LTD, REPRESENTED BY ITS MANAGING DIRECTOR, HEAD OFFICE, 'BHADRADHA',MUSEUM ROAD, THRISSUR, PIN 680020.

¶12

3. THE MANAGER,

¶13

KERALA STATE FINANCIAL ENTERPRISES LTD, KESAVADASAPURAM, THIRUVANANTHAPURAM 695001.

¶14

4. SPECIAL DEPUTY THAHSILDAR, OFFICE OF THE SEPCIAL DEPUTY THAHSILDAR(RR)KSFE, AKSHAYA SHOPPING COMPLEX, NEYYATTINKARA PIN 695121.

¶15

R1,R4 BY SENIOR GOVERNMENT PLEADER SMT K.R.DEEPA R2-R3 BY ADV. SRI.JIMMY GEORGE THADATHIL, SC, KSFE SRI.ALEXANDER.C.V., SC

¶16

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶17

K.V.

¶18

WP(C).No. 3932 of 2016 (N) ---------------------------

¶19

APPENDIX

¶20

PETITIONER(S)' EXHIBITS

¶21

----------------------P1: TRUE COPY OF COMPLAINT NO 978/2014 OF LOK AYUKTHA (WITHOUT DOCUMENT)

¶22

P2: TRUE COPY OF THE ATTACHMENT NOTICE NO SDT/NTA/10530/15-16 DATED 4/12/2015

¶23

P3: TRUE COPY OF THE REPLY NOTICE DATED 14/12/2015.

¶24

P4: TRUE COPY OF THE REPRESENTATION DATED 14/1/2016 SUBMITTED BY THE PETITIONER

¶25

RESPONDENT(S)' EXHIBITS NIL

/TRUE COPY/

P.A.TO JUDGE

K.V.

SHAJI P. CHALY, J.

¶30

W.P.(C)No. 3932 of 2016

¶31

Dated this the 29^th day of November, 2016

¶32

J U D G M E N T

¶33

Petitioner is a subscriber to a chitty and two chitty loans conducted by the 3^rd respondent. Admittedly, amounts due under the chitty as well as the loans were defaulted. Consequent to which action was initiated to recover the amounts invoking the provisions of the Kerala Revenue Recovery Act. It is thus challenging the coercive action, this writ petition is filed.

¶34

Heard learned counsel for the petitioner, learned Standing Counsel appearing for the respondent and learned Senior Government Pleader and perused the documents on record and pleadings put forth by the petitioner.

¶35

Even though various contentions are raised in the writ petition, when the matter is taken up today for hearing, learned counsel for the petitioner submitted that, petitioner would be satisfied if an opportunity is

¶36

W.P.(C)No. 3932 of 2016 2

¶37

provided to the petitioner to pay off the amounts in reasonable equated monthly instalments. Learned counsel for the respondent Financial Enterprises submitted that as on 5.02.2016 an amount of Rs.13,68,262/- is remaining due from the petitioner.

¶38

Taking note of the respective submissions made across the bar and the prevailing situation due to the fluctuation in economic and other matters, I think it is only appropriate that reasonable opportunity is provided to the petitioner to pay off the amount in equated monthly instalments. Therefore there will be a direction to the petitioner to pay off the amount in 12 equated monthly instalments starting from 15.12.2016 and the corresponding day of the succeeding months. Needless to say if any of the instalments is defaulted, respondent will be at liberty to resurrect the proceedings pursuant to Ext.P3 and recover the amount in lump. A statement of account shall be provided to the petitioner within two weeks from the date of receipt of a copy of this judgment.

¶39

W.P.(C)No. 3932 of 2016

¶40

¶41

Writ petition is disposed of accordingly.

¶42

Sd/- SHAJI P. CHALY, JUDGE.

rmm/30/11/2016

[ True copy]

P.A. to Judge

The amount “Rs.13,68,262/-” occurring in the 3^rd paragraph at page 2 of the judgment dated 29/11/2016 in W.P.(C) No.3932/2016 is corrected and substituted as “Rs.30,68,262/-” as per order dated 30.01.2017 in I.A.No.1020/2017 in W.P.(C) No.3932/2016.

¶47

Sd/Registrar (Judicial)

Vivek G. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Vivek G. 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

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

M/S.G4S Secure Solutions (India) Pvt.Ltd. Vs Cochin Inernationl Airport Ltd.

Jose V.J. Vs State of Kerala

D.Johny Vs State of Kerala

Amminikutty Vs Sasikala

K.Babu Vs the Revenue Divisional Officer

Branch Manager Vs Lali Lawrence