Disposed

Sainudeen a a v. the State of Kerala

Kerala HC5 Feb 2018WP(C)/700/2018

Case brief

AI extract

What is this about?

In this writ petition regarding a chitty dispute and threatened revenue recovery action, the petitioner vacated an interim stay on auction after depositing part of the dues. The court permitted the petitioner to clear the outstanding amount through 12 equated monthly instalments.

What did the court decide?

Permitted the petitioner to pay the outstanding amount in 12 equated monthly instalments starting from February 15, 2018.

Sainudeen a a Vs the State of Kerala — Kerala HC (2018) — LawSathi Research

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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MONDAY, THE 5TH DAY OF FEBRUARY 2018 / 16TH MAGHA, 1939

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PETITIONER(S):

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SAINUDEEN A A S/O. ABDUL AZEEZ, RESIDING AT THANIMA, KOCHULLOOR, MEDICAL COLLEGE P.O, THIRUVANANTHAPURAM DISTRICT - 695011.

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BY ADVS.SRI.T.S.SARATH SRI.M.KIRANLAL

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RESPONDENT(S):

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1. THE STATE OF KERALA REPRESENTED BY DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM.-695001

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2. THE SPECIAL DEPUTY TAHSILDHAR(REVENUE RECOVERY) KSFE LTD, THIRUVANANTHAPURAM DISTRICT.

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3. THE KERALA STATE FINANCIAL ENTERPRISES, ATTINGAL BRANCH REPRESENTED BY ITS MANAGER.

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4. THE KERALA STATE FINANCIAL ENTERPRISES SREEKARYAM BRANCH REPRESENTED BY ITS MANAGER.

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R3-R4 BY SRI.SURYA BINOY, SC, KSFE LTD.

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SRI.SALIL NARAYANAN K.A., SC, KSFE LTD.

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R1 & R2 BY SMT.VINITHA B

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 700 of 2018 (J)

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APPENDIX

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PETITIONER(S)' EXHIBITS:

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EXHIBIT P1 THE TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT ATTACHING THE PROPERTY IN PURSUANCE OF REVENUE RECOVERY VIDE SDT/TVM/14971/15-16 AND 14566/15-16.

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RESPONDENTS EXHIBITS; NIL -------------------

//TRUE COPY//

P.A. TO JUDGE

dlk

SHAJI P. CHALY, J.

W.P.(C) No.700 of 2018

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Dated this the 5^th day of February, 2018

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JUDGMENT

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Petitioner is a subscriber of various chitties with third and 4^th

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respondents. Chitty was prized in favour of the petitioner, and the

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same was released, consequent to execution of mortgage. Admittedly, repayment was defaulted, consequent to which, action

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is initiated under the provisions of THE KRR Act, evident from Ext.P1

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issued under section 36 of the said Act. It is thus challenging Ext.P1

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and seeking other consequential reliefs, this writ petition is filed.

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I have heard learned counsel for the petitioner, learned

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Government Pleader, learned standing counsel for KSFE and perused

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the pleadings and documents on record.

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Even though various contentions are raised with respect

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to the illegality, learned counsel sought permission to repay the

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W.P.(C) No.700 of 2018

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outstanding amount in reasonable monthly instalments.

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An interim order was passed by this Court directing to

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defer the sale proceedings for a period of 45 days on condition that

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petitioner remits an amount of Rs.8,00,000/- in two instalments.

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Today when the matter is taken up, counsel on either

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side submitted that the said amount is paid by the petitioner

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Learned standing counsel for the KSFE submitted that, so

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far as the chitty concerning this writ petition, an amount of

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Rs.66,88,700/- as on 30.11.2017 is due from the petitioner.

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Having regard to the facts and circumstances of the case

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and since the petitioner has volunteered to make the payment in

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reasonable equated monthly instalments, petitioner is permitted to

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pay the outstanding amount in 12 equated monthly instalments

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starting from 15.2.2018 and on the corresponding date of the

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succeeding months.

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W.P.(C) No.700 of 2018

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Needless to say, if any of the directives is violated, the

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KSFE will be at liberty to proceed in accordance with law, and

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recover the amount in lump.

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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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dlk/5/2/

Sainudeen a a v. the State of Kerala

Case brief

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Sainudeen a a v. the State of Kerala

Case brief

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