This court permitted a chitty subscriber to repay outstanding dues to the Kerala State Financial Enterprises Ltd in 12 equated monthly instalments, reducing recovery charges upon compliance.
Petitioner permitted to pay outstanding amount in 12 equated monthly instalments starting 15.2.2018.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 1ST DAY OF FEBRUARY 2018 / 12TH MAGHA, 1939
WP(C).No. 1587 of 2018
PETITIONER(S):
T. RADHAKRISHNA PILLAI CHERUTHITTA, MYNAGAPPALLY NORTH PO, KOLLAM DISTRICT, PIN 691507
BY ADV.SRI.V.PREMCHAND
RESPONDENT(S):
1. DISTRICT COLLECTOR, KOLLAM KOLLAM 691013
2. THE SPECIAL DEPUTY TAHSILDAR (RR) KERALA STATE FINANCIAL ENTERPRISES LTD., KOLLAM DISTRICT, PIN 691001
3. KERALA STATE FINANCIAL ENTERPRISES LTD CIVIL STATION BRANCH, KARUNAGAPALLY, KOLLAM DISTRICT, REPRESENTED BY ITS MANAGER 690518
4. THE MANAGER KERALA STATE FINANCIAL ENTERPRISES LTD., CIVIL STATION BRANCH, KARUNGAPALLY, KOLLAM DISTRICT, 690518
R2-R4 BY SRI.VASUDEVAN T.M., SC, KSFE LTD. SRI.SALIL NARAYANAN K.A., SC, KSFE LTD. R1 BY GOVERNMENT PLEADER SRI.JESTIN MATHEW
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 1587 of 2018 (W)
APPENDIX
PETITIONER(S)' EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE STATEMENT ACCOUNTS IN RESPECT OF THE CHITTY NO. 58/2012 EXHIBIT P2 COPY OF THE NOTICE DATED 28.12.2017 ISSUED BY THE 2ND RESPONDENT EXHIBIT P3 COPY OF THE COMMUNICATION DATED 29.12.2017 SENT BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT
RESPONDENTS EXHIBITS: NIL --------------------//TRUE COPY// P.A.TO JUDGE
dlk
SHAJI P. CHALY, J.
W.P.(C)No.1587 of 2018
Dated this the 1st day of February, 2018
JUDGMENT
Petitioner is a subscriber to chitty No.58/2012 conducted by
the KSFE, Karunagappally branch. Chitty was prized in favour of
the petitioner and amounts were released on providing appropriate
guarantee. Admittedly, repayment was defaulted, consequent to
which action is resorted to under the provisions of the KRR Act,
evident from Ext.P2 under Section 7 of the Act. Even though
various contentions are raised with respect to illegality against
recovery initiated, learned counsel for the petitioner sought indulgence of this Court permitting the petitioner to repay the
outstanding amount in reasonable equated monthly instalments .
January 2018 an amount of Rs.8,00,570/- is remaining due from
the petitioner along with interest and other cost.
W.P.(C)No.1587 of 2018
2
case, hearing respective counsel and taking into account the
adverse financial and economic situation prevailing in the community, petitioner is permitted to pay the outstanding amount
in 12 equated monthly instalments starting from 15.2.2018 and
on the corresponding date of the succeeding months.
respondent will be at liberty to resurrect the proceedings and recover the amount in lump.
the RR charges shall be confined to 1% of the amount deposited.
Writ petition is disposed of accordingly.
Sd/-
SHAJI P. CHALY, JUDGE
dlk/1/2/
1 issue framed by the court
Whether the chitty subscriber petitioner can be permitted to repay outstanding dues via equated monthly installments.
T. Radhakrishna Pillai Cheruthitta
District Collector, Kollam
The Special Deputy Tahsildar (RR) Kerala State Financial Enterprises Ltd.
Kerala State Financial Enterprises Ltd Civil Station Branch, Karunagappally
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
