Disposed

Suresh P.K v. Kerala State Financial Enterprises Limited (Ksfe)

Kerala HC14 Jun 2022WP(C)/11886/2022

Case brief

AI extract

What is this about?

In a writ petition, the petitioner challenged revenue recovery proceedings against his property due to home loan default. Citing medical hardship and flood damage, the court granted interim relief allowing the petitioner to remit the dues in installments while keeping the specific recovery notices in abeyance.

What did the court decide?

Disposal of writ petition directing petitioner to remit loan dues in installments and keeping the recovery proceedings based on Exhs.P3 and P4 in abeyance.

Suresh P.K Vs Kerala State Financial Enterprises… — Service and Employment | Kerala HC (2022)

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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 V.G.ARUN

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TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
WP(C) NO. 11886 OF 2022

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PETITIONER/S:

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SURESH P.K
AGED 54 YEARS
S/O.KANNAN, PARAYANKATTIL, MERICODE, PARAVUR - 683 511.
BY ADV B.RAMACHANDRAN

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RESPONDENT/S:

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1 KERALA STATE FINANCIAL ENTERPRISES LIMITED (KSFE) ALANGED BRANCH, PARAVUR, PIN - 683 511, REPRESENTED BY ITS BRANCH MANAGER.

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2 THE SPECIAL DEPUTY TAHASILDAR (RR) KSFE, ERNAKULAM, 2ND FLOOR, ADITHYA PRIME, OPP. ERNAKULATHAPPAN GROUND, DURBAR HALL ROAD, KOCHI - 682 016.

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3 THE VILLAGE OFFICER ALANGAD VILLAGE, ALANGAD - 683 511.

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OTHER PRESENT:

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GP P.S.APPU

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 11886 OF 2022

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JUDGMENT

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Dated this the 14^th day of June, 2022

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The petitioner availed a home loan from the 1^st respondent and defaulted in repayment. This resulted in revenue recovery proceedings being initiated against the petitioner and his properties. The solitary submission of the petitioner is that he should afforded an opportunity to repay the amount in reasonable installments and the recovery proceedings initiated against his property should be kept on hold.

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Learned counsel for the petitioner submitted that the petitioner suffered from Diabetic Foot Ulcer Neurapathy immediately after availing the loan and his property and residential house was completely damaged in the 2018 floods.

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Learned Standing Counsel submitted that maximum leniency was shown to the petitioner, in spite of which the petitioner failed to settle the loan account.

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Considering the difficulties faced by the petitioner, the writ petition is disposed of directing the petitioner to remit an amount of Rs.5,00,000/- on or before 30.6.2022 and the balance amount due, with interest and costs, in twelve equated monthly

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WP(C) NO. 11886 OF 2022

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installments, to be remitted before the 30^th of every succeeding month. The default in remitting any one installment will result in the benefit granted under this judgment being withdrawn and the KSFE being at liberty to continue the recovery proceedings. If the amount is remitted without default,

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recovery based on Exts.P3 and P4 shall be kept in abeyance .

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Sd/V.G ARUN JUDGE

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WP(C) NO. 11886 OF 2022

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APPENDIX OF WP(C) 11886/2022

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PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF CERTIFICATE OF THE PETITIONER
DATED 31/08/2018 ISSUED BY DR.BOBBY V. THAMPI
OF CHERYPULASSERY CO-OPERATIVE HOSPITAL.
Exhibit P2TRUE COPY OF NOTICE DATED NIL ISSUED BY 1ST
RESPONDENT.
Exhibit P3TRUE COPY OF NOTICE DATED 03/03/2022 ISSUED
BY 2ND RESPONDENT.
Exhibit P4TRUE COPY OF NOTICE BEFORE ATTACHMENT OF 2ND
RESPONDENT DATED 03/03/2022 UNDER SECTION 34
OF THE REVENUE RECOVERY ACT.
Exhibit P5TRUE COPY OF THE PETITIONER'S OUT PATIENT
RECORD DATED 17/06/2021 OF TALUK HEAD
QUARTERS HOSPITAL, NORTH PARAVUR.

Suresh P.K v. Kerala State Financial Enterprises Limited (Ksfe)

Case brief

What is this about?

What did the court decide?

Suresh P.K v. Kerala State Financial Enterprises Limited (Ksfe)

Case brief

What is this about?

What did the court decide?

What the court decided

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