Petitioner challenged writ proceedings for recovery under Revenue Recovery Act. Court permitted payment of dues in equitable instalments and deferred further proceedings contingent on compliance.
Permission to pay Rs.2,94,435/- in six equal monthly instalments commencing from 08.09.2017; further proceedings under Revenue Recovery Act deferred.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
THURSDAY, THE 10TH DAY OF AUGUST 2017/19TH SRAVANA, 1939
WP(C).No. 12938 of 2015 (N)
PETITIONER(S):
P.P. LALU, AGED 58 , S/O. PURUSHOTHAMAN, PUTHUMANA HOUSE, NAYARAMBALAM DESOM AND VILLAGE, KOCHI TALUK, ERNAKULAM DISTRICT.
BY ADV. SRI.JOSEPH GEORGE
RESPONDENT(S):
1. THE KERALA STATE FINANCIAL ENTERPRISES LIMITED, REPRESENTED BY ITS BRANCH MANAGER, KUTHIYATHODE BRANCH, ALAPPUZHA - 688 001.
2. THE DEPUTY TAHSILDAR (RR), THE KSFE LIMITED, KACHERIPPADI,
ERNAKULAM NORTH P.O -682 018.
3. THE KERALA STATE FINANCIAL ENTERPRISES LIMITED, REPRESENTED BY ITS MANAGING DIRECTOR, HEAD OFFICE,
BHADRATHA, MUSEUM ROAD, P.B. NO. 510, THRISSUR - 680 020.
BY ADVS. SRI. LAL GEORGE, SC SRI.ALEXANDER.C.V., SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10-08-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
TS
WP(C).No. 12938 of 2015 (N)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT-P1-TRUE PHOTOCOPY OF THE DEMAND NOTICE ISSUED BY THE 2ND RESPONDENT DATED 03/02/2015.
RESPONDENT(S)' EXHIBITS- NIL
/TRUE COPY/
PS TO JUDGE
TS
P.B. SURESH KUMAR, J.
W.P.(C) No.12938 of 2015
Dated this the 10th day of August, 2017
JUDGMENT
The petitioner was a surety to the subscriber of a chitty run by the Kerala State Financial Enterprises Limited (the KSFE) for availing the prize money. The subscriber has not paid the future instalments in terms of the agreement entered into with the KSFE. Accordingly, proceedings have been initiated against the petitioner at the instance of KSFE for realisation of the amounts due, under the Revenue Recovery Act. The said proceedings are under challenge in this writ petition.
W.P.(C) No.12938 of 2015
-2-
indulgence to pay the amounts due in instalments.
Counsel for the KSFE that the liability of the petitioner as on 31.07.2017 is Rs.2,94,435/-.
In the circumstances, the writ petition is disposed of permitting the petitioner to pay the sum of Rs.2,94,435/- in six equal monthly instalments commencing from 08.09.2017. Needless to say that if the petitioner remits the amounts as directed above, further proceedings against him under the Revenue Recovery Act shall be deferred. It is made clear that if the petitioner commits default in remitting any one of the instalments, the proceedings already initiated against him can be revived and continued.
P.B. SURESH KUMAR JUDGE
Sd/-
bpr
P.P. Lalu
The Kerala State Financial Enterprises Limited
P.B. Suresh Kumar
As recorded by the court registry
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