Allowed

Thomas Alexander v. Special Deputy Thahasildar (Rr)

Kerala HC19 Feb 2018WP(C)/510/2018

Case brief

AI extract

What is this about?

The Kerala High Court considered a writ petition challenging coercive recovery action for defaulted chitty and loan transactions. The court permitted the petitioner to pay the outstanding dues via 12 monthly installments to cure the default. Judgment dated 19-02-2018.

What did the court decide?

Petitioner permitted to pay outstanding amounts in 12 monthly installments from 05.03.2018; recovery charges limited to 1% if paid directly.

Thomas Alexander Vs Special Deputy Thahasildar (Rr) — Kerala HC (2018) — LawSathi Research

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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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MONDAY, THE 19TH DAY OF FEBRUARY 2018 / 30TH MAGHA, 1939

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WP(C).No. 510 of 2018

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PETITIONER:

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THOMAS ALEXANDER, AGED 51 YEARS, S/O ALEXANDER, KALLUVILA PUTHEN VEEDU, PALLIMUKKU, KUNDARA, KOLLAM DIST.

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BY ADVS.SRI.JOHNSON GOMEZ SRI.M.R.SUDHEENDRAN SRI.S.BIJU (KIZHAKKANELA) SMT.M.ASHA

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RESPONDENT(S):

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1. SPECIAL DEPUTY THAHASILDAR (RR) KERALA STATE FINANCIAL ENTERPRISES LTD., KOLLAM-681 001.

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2. KERALA STATE FINANCIAL ENTERPRISES LTD. REPRESENTED BY ITS BARNCH MANAGER, EXHUKON BRANCH, KOLLAM DIST-681 001.

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R1 BY GOVERNMENT PLEADER SMT. VINITHA B. R2 BY SRI.SALIL NARAYANAN K.A., SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19-02-2018,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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PBS

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WP(C).No. 510 of 2018 (K)

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	APPENDIX
PETITIONER(S)'	EXHIBITS
EXHIBIT P1	A TRUE COPY OF THE REPLY GIVEN TO THE UNDER THE RIGHT TO INFORMATIN ACT SHO DETAILS OF THE AFORESAID C TRANSACTIONS.	PETITIONER WING THE HITTY/LOAN
EXHIBIT P2	TRUE COPY OF THE DEMAND NOTICE DATED ISSUED BY THE RESPONDENT.	3/7/2017
EXHIBIT P3	TRUE COPY OF THE MEDICAL CERTIFICATE 10/11/2016 SUBMITTED BY THE PETITIONE	DATED R.
EXHIBIT P4	TRUE COPY OF THE MEDICAL CERTIFICATE 24/11/2016 SUBMITTED BY THE PETITIONE	DATED R.
EXHIBIT P5	TRUE COPY OF THE MEDICAL CERTIFICATE 11/10/2017 SUBMITTED BY THE PETITIONE	DATED R.
EXHIBIT P6	TRUE COPY OF THE MEDICAL CERTIFICATE 15/11/2017 SUBMITTED BY THE PETITIONE	DATED R.
RESPONDENT'S E	XHIBIT NI	L
	/TRUE PA TO	COPY/ JUDGE

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PBS

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SHAJI P. CHALY, J.

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W.P.(C) No.510 of 2018

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----------------------------------------------Dated this the 19^th day of February, 2018

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J U D G M E N T

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Petitioner as well as his wife and daughter are having

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chitty and loan transactions with the 2^nd respondent. Admittedly repayment was defaulted, consequent to which, action is initiated under the provisions of the Kerala Revenue Recovery Act, which is under challenge in this writ petition.

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A detailed statement is filed by the KSFE explaining the circumstances under which the loan is provided to the petitioner as well as to his wife and daughter and the amounts remaining due. According to the KSFE, an amount of Rs.96,15,644/-is remaining due from the petitioner as well as his wife and daughter. Even though various contentions are raised with respect to the illegality in the coercive action initiated, learned counsel for petitioner sought permission to pay the outstanding amounts in reasonable

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W.P.(C) No.510 of 2018

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equated monthly installments.

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Having heard respective counsel and learned Government Pleader and evaluating the situation, I am of the considered opinion that, petitioner can be permitted to pay the outstanding amounts in 12 equated monthly installments.

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Accordingly I do so and petitioner is permitted to start paying the installments on and w.e.f. 5.3.2018 and on the corresponding date of the succeeding months. Needless to say, if any of the installments are defaulted, respondents will be at liberty to proceed in accordance with law and recover the amounts in lump. If petitioner is paying the amount directly to the KSFE, recovery charges shall be confined to 1% of the amount deposited.

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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 19.2.2018

Thomas Alexander v. Special Deputy Thahasildar (Rr)

Case brief

What is this about?

What did the court decide?

Thomas Alexander v. Special Deputy Thahasildar (Rr)

Case brief

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What did the court decide?

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