In a revenue recovery case for loan defaults, the Kerala HC closed the writ petition. Following previous orders, it granted liberty to the petitioners to independently pursue a representation to modify an initial 20% payment condition.
The writ petition was closed. The petitioners were granted liberty to pursue their representation independently.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 16TH DAY OF JANUARY 2023 / 26TH POUSHA, 1944
WP(C) NO. 1239 OF 2023
PETITIONER/S:
1 NAVASMON C M AGED 41 YEARS RESIDING AT CHANDANAPARAMBIL HOUSE, PALLICKACHIRA P O, CHANGANACHERRY, KOTTAYAM DISTRICT, PIN - 686537 2 SHAMLAMOL S K AGED 37 YEARS WIFE OF NAVASMON C M, RESIDING AT CHANDANAPARAMBIL HOUSE, PALLICKACHIRA P O , CHANGANACHERRY, KOTTAYAM DISTRICT, PIN - 686537 BY ADV S.JAYAKRISHNAN
RESPONDENT/S:
W.P.(C) No. 1239 of 2023
-2-
OTHER PRESENT:
SMT. AMMINIKUTTY - (SR.GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 1239 of 2023
-3-
JUDGMENT
Dated this the 16th day of January, 2023
Faced with revenue recovery proceedings for the admitted default in repayment of loan availed from the KSFE, the petitioners approached the Government and secured an order permitting repayment of the amount in 24 equated monthly instalments, subject to 20% of the amount being paid at the outset. Aggrieved, the petitioners approached this Court and by Ext.P11, the writ petition was closed, reserving the petitioners' liberty to take appropriate steps for getting the condition regarding payment of 20% modified by the Government. Based on the liberty granted, the petitioners moved Ext.P12 and the Government, by Ext.P13, extended the time for remitting the initial 20%. The petitioners thereupon submitted Ext.P14 representation, requesting to modify the condition of remitting 20% initially. The
W.P.(C) No. 1239 of 2023
-4-
Government having refused to consider the
representation, this writ petition is filed.
petitioners, Standing Counsel P.Prejith for the KSFE and the learned Government Pleader.
prayed for sympathetic consideration and, at least, a direction to the Government to consider Ext.P14, I refrain from doing so in the light of Ext.P11 judgment and Ext.P13 order of the Government. Needless to say, the petitioners
will be at liberty to pursue Ext.P14
representation independently.
The writ petition is closed, with the above
liberty.
V.G.ARUN JUDGE
Scl/
W.P.(C) No. 1239 of 2023
-5-
APPENDIX OF WP(C) 1239/2023
| PETITIO | NER EXHI | BITS | |
|---|---|---|---|
| Exhibit | P1 | TRUE COPY 30.06.2022 RESPONDENT NCL 157 |
OF DEMAND NOTICE DATED ISSUED BY THE 3RD PERTAINING TO ACCOUNT NO. |
| Exhibit | P2 | TRUE COPY 30.06.2022 PERTAINING |
OF DEMAND NOTICE DATED ISSUED BY THE 3RDRESPONDENT TO ACCOUNT NO. 36/2017/-13 |
| Exhibit | P3 | TRUE COPY 30.06.2022 RESPONDENT 1/2020-8 |
OF DEMAND NOTICE DATED ISSUED BY THE 3RD PERTAINING TO ACCOUNT NO. |
| Exhibit | P4 | TRUE COPY 30.06.2022 PERTAINING |
OF DEMAND NOTICE DATED ISSUED BY THE 3RDRESPONDENT TO ACCOUNT NO. 1/2020-13 |
| Exhibit | P5 | TRUE COPY 30.06.2022 PERTAINING |
OF DEMAND NOTICE DATED ISSUED BY THE 3RDRESPONDENT TO ACCOUNT NO. 44/2019-24 |
| Exhibit | P6 | TRUE COPY 30.06.2022 RESPONDENT KPL144 |
OF DEMAND NOTICE DATED ISSUED BY THE 3RD PERTAINING TO ACCOUNT NO. |
| Exhibit | P7 | TRUE COPY 30.06.2022 RESPONDENT NCL156 |
OF DEMAND NOTICE DATED ISSUED BY THE 3RD PERTAINING TO ACCOUNT NO. |
| Exhibit | P8 | TRUE COPY 30.06.2022 PERTAINING 18 |
OF DEMAND NOTICE DATED ISSUED BY THE 3RDRESPONDENT TO ACCOUNT NO. NO.36/2017- |
| Exhibit | P9 | TRUE COPY 07.07.2022 RESPONDENT NO.36/2017 |
OF DEMAND NOTICE DATED ISSUED BY THE 3RD PERTAINING TO ACCOUNT NO. -19 |
| Exhibit | 1 P10 | TRUE COPY BEARING NO BY THE 1ST |
OF ORDER DATED 21.10.2022 . REV-S1/441/2022-REV PASSED RESPONDENT |
| Exhibit | P11 | TRUE COPY | OF JUDGMENT DATED 15.11.2022 |
W.P.(C) No. 1239 of 2023
-6-
IN W.P.(C) NO. 36339/2022 OF THIS HON'BLE COURT Exhibit P12 TRUE COPY OF REPRESENTATION DATED 18.11.2022 SUBMITTED BY THE PETITIONERS BEFORE THE 1STRESPONDENT Exhibit P13 TRUE COPY OF ORDER DATED 20.12.2022 BEARING NO. REV-S1/510/2022-REV PASSED BY THE 1STRESPONDENT Exhibit P14 TRUE COPY OF REPRESENTATION DATED 05.01.2023 SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT
NAVASMON C M
SHAMLAMOL S K
STATE OF KERALA
THE DISTRICT COLLECTOR, KOTTAYAM
THE SPECIAL DEPUTY TAHSILDAR
KERALA STATE FINANCIAL ENTERPRISES LIMITED
V.G.ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
