A writ petition challenging revenue recovery proceedings for unpaid chit instalments was disposed of by the High Court of Kerala, permitting the petitioner to pay dues in seven monthly instalments while deferring coercive actions.
Petitioner permitted to pay dues in seven equal monthly instalments starting 15.09.2017; coercive actions deferred.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
WEDNESDAY, THE 16TH DAY OF AUGUST 2017/25TH SRAVANA, 1939
WP(C).No. 23994 of 2017 (Y)
PETITIONER:
MADHU, AGED 51 YEARS, S/O.RAGHAVAN PILLAI, MADHAVAM PUTHENVEEDU, KULASEKHARAPURAM P.O, KARUNAGAPPALLY, KOLLAM DISTRICT,PIN-690 544.
BY ADVS.SRI.C.R.JAYAKUMAR SRI.NOBEL RAJU
RESPONDENTS:
1. THE GENERAL MANAGER, KSFE LTD, KERALA STATE, HEAD OFFICE, THRISSUR -680 020.
2. THE BRANCH MANAGER, KSFE LTD, SAKTHIKULANGARA BRANCH, SAKTHIKULANGARA P.O, KOLLAM DISTRICT, PIN-691 581.
3. JAYALAL J.P.,
4. JAYAKRISHNAN J.,
5. SHAJI C MATHEW, ORIENTAL COTTAGE, PAVUMPA NORTH P.O, PAVUMPA, KOLLAM , LIC POLICY HOLDER 783419676, KARUNAGAPALLY BRANCH-691 581.
2/-
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WP(C).No. 23994 of 2017 (Y)
6. THE BRANCH MANAGER, LIC OF INDIA, KARUNAGAPPALLY BRANCH, KOLLAM DISTRICT, PIN-691 581.
R1 & R2 BY ADV. SRI.LAL GEORGE, SC, R6 BY ADV. SRI.S.EASWARAN, SC, LIC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-08-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
WP(C).No. 23994 of 2017 (Y)
APPENDIX
PETITIONER(S)' EXHIBITS
RESPONDENT(S)' EXHIBITS:
NIL
/TRUE COPY/
P.A.TO JUDGE
sts
P.B. SURESH KUMAR, J.
W.P.(C) No.23994 of 2017
Dated this the 16th day of August, 2017
JUDGMENT
The petitioner who received prize money in
respect of a chit run by the Kerala State Financial Enterprises Limited ('the KSFE'), has defaulted the future instalments of the chit. Revenue recovery proceedings were, accordingly, initiated against the petitioner for realisation of the amounts due to the KSFE in respect of the chit. The said revenue recovery proceedings are under challenge in the writ petition.
as also the learned Standing Counsel for the KSFE.
for the petitioner only prayed for indulgence of this Court to remit the amounts due to the KSFE in instalments. The
W.P.(C) No.23994 of 2017
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learned Standing Counsel for the KSFE, on instructions, submits that about Rs.6,00,000/- was due from the petitioner during March 2016.
Having regard to the peculiar facts and circumstances of the case, the writ petition is disposed of permitting the petitioner to pay the amounts due to the KSFE in seven equal monthly instalments commencing from 15.09.2017. Needless to say that coercive steps taken against the petitioner shall be deferred until the aforesaid period is over. It is made clear that if the petitioner commits default in remitting any one of the instalments as referred to above, the proceedings already initiated against the petitioner can be revived and continued.
Sd/- P.B. SURESH KUMAR JUDGE
bpr
2 issues framed by the court
Whether amounts due to KSFE from a chit defaulting petitioner can be remitted in instalments instead of immediate recovery.
Whether coercive proceedings against a defaulting petitioner must be deferred pending instalment payment.
MADHU
THE GENERAL MANAGER, KSFE LTD
THE BRANCH MANAGER, KSFE LTD
JAYALAL J.P.
JAYAKRISHNAN J.
THE BRANCH MANAGER, LIC OF INDIA
P.B. SURESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
