Dismissed

Thankakuttan J.A. v. Branch Manager

Kerala HC24 Nov 2021WP(C)/2543/2020

Case brief

AI extract

What is this about?

In this writ petition challenging recovery notices for chitty defaults, the High Court of Kerala declined to pass orders due to a pending civil suit for settlement of accounts. The court granted the petitioners liberty to raise all contentions before the civil court and closed the writ petition.

What did the court decide?

Writ petition closed with liberty to raise contentions before the civil court.

Thankakuttan J.A. Vs Branch Manager — Service and Employment | Kerala HC (2021)

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WP(C) NO. 2543 OF 2020

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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 P.V.KUNHIKRISHNAN

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WEDNESDAY, THE 24^TH DAY OF NOVEMBER 2021 / 3RD AGRAHAYANA, 1943

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WP(C) NO. 2543 OF 2020

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PETITIONER/S:

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1 THANKAKUTTAN J.A. AGED 62 YEARS S/O.AMAR JOSEPH, KURISINKAL HOUSE, CHERTHALA SOUTH, ARTHUNKAL P.O., ALAPPUZHA DISTRICT, PIN-688530.

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2 SHALY THANKAKUTTAN, W/O.THANKAKUTTAN J.A., KURISINKAL HOUSE, CHERTHALA, SOUTH, ARTHUNKAL P.O., ALAPPUZHA DISTRICT, PIN688530.

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BY ADV ROY CHACKO

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RESPONDENT/S:

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1 BRANCH MANAGER K.S.F.E, ALUVA II BRANCH, ALUVA P.O- 683101.

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2 SPECIAL DEPUTY TAHASILDAR (R.R) K.S.F.E LTD, ACJ MANSION BUILDING, NEAR KANNAN VARKEY BRIDGE, SEAVIEW WARD, ALAPPUZHA-688001.

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3 STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, CIVIL STATION, ALAPPUZHA, PIN-688001.

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BY ADV SRI.ARUN ANTONY, SC, KSFE LTD.

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OTHER PRESENT:

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SMT.RASHMI.K.M, SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 2543 OF 2020

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P.V.KUNHIKRISHNAN, J

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W.P.(C.) No.2543 of 2020

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Dated this the 24^th day of November, 2021

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JUDGMENT

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The above writ petition is filed with following prayers :

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“a) A Writ of certiorari or any other appropriate writ, order or direction calling for the records relating to Exhibit P1 to P10 and quash the same.

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b) Writ of mandamus or any other appropriate writ, order or direction commanding respondents 1 to 3 to grant easy installments for discharge of the liability due to the KSFE Ltd.

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c) Such other writ, order or direction as this Honorable Court deem fit and proper to grant in fact and circumstances of the case.”

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The petitioners subscribed for 12 chitties of the 1^st

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respondent. Because of the default in repaying the chitty amount, recovery proceedings were initiated by KSFE. Exts.P1 to P10 are the recovery notices issued by the respondents. The writ petition is filed mainly for getting an instalment facility to clear the dues. According to the petitioners, several amounts are paid towards the due by the petitioners and they have got documents to substantiate the same. But the respondents filed

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WP(C) NO. 2543 OF 2020 3

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a statement in which the amount due from the petitioners is mentioned as Rs.87,23,403/- as on 28.6.2021. The petitioners dispute the same. A reply affidavit is filed disputing the amounts. According to the petitioners, several amount paid by the petitioners is not credited to the account. Serious allegations are raised against the officials of KSFE also.

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In such circumstances, I am not in a position to pass any orders in this writ petition. Admittedly, a suit is pending before the Munsiff Court, Cherthala as O.S.No.45/2020 and the prayer in the suit is for settlement of accounts. In such circumstances, the petitioners are free to raise all their contentions in this writ petition before the civil court.

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Granting liberty to the petitioners to raise all their contentions before the civil court, this writ petition is closed.

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SD/-

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P.V.KUNHIKRISHNAN

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JUDGE

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SKS

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WP(C) NO. 2543 OF 2020

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APPENDIX OF WP(C) 2543/2020

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PETITION	ER EXHIBITS
EXHIBIT	P1 TRUE COPY OF THE R.R.NOTICE DATED 21.10.2019 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS.
EXHIBIT	P2 TRUE COPY OF THE R.R.NOTICE DATED 21.10.2019 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS.
EXHIBIT	P3 TRUE COPY OF THE R.R.NOTICE DATED 21.10.2019 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS.
EXHIBIT	P4 TRUE COPY OF THE R.R.NOTICE DATED 21.10.2019 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS.
EXHIBIT	P5 TRUE COPY OF THE R.R.NOTICE DATED 21.10.2019 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS.
EXHIBIT	P6 TRUE COPY OF THE R.R.NOTICE DATED 21.10.2019 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS.
EXHIBIT	P7 TRUE COPY OF THE R.R.NOTICE DATED 21.10.2019 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS.
EXHIBIT	P8 TRUE COPY OF THE R.R.NOTICE DATED 21.10.2019 ISSUED BY THE2ND RESPONDENT TO THE PETITIONERS.
EXHIBIT	P9 TRUE COPY OF THE R.R.NOTICE DATED 21.10.2019 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS.
EXHIBIT	P10 TRUE COPY OF THE R.R.NOTICE DATED 21.10.2019 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS.
RESPOND	ENT'S EXHIBITS : NIL

Thankakuttan J.A. v. Branch Manager

Case brief

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Thankakuttan J.A. v. Branch Manager

Case brief

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