High CourtsSingle Bench(2023) 02 KL CK 0286

P.G.Mohanan vs Kerala State Financial Enterprises

High Court Of Kerala · Decided on 27 February 2023

HON’BLE JUDGES
Shaji P.Chaly, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 39393 Of 2022

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Judgment

5 paragraphs · 248 words

Shaji P.Chaly, J

1.

This writ petition is filed by the petitioner, who has availed four priced chitties conducted by the Kerala State Financial Enterprises Limited. Admittedly, repayment was defaulted consequent to which KSFE has issued demand notices to the petitioner; apprehending coercive action by resorting to the provisions of the Kerala Revenue Recovery Act, 1968, the writ petition is filed.

2.

Even though various contentions are raised in the writ petition, Learned counsel for the petitioner submitted that it would suffice, if the petitioner is permitted to pay the outstanding overdue amount in the chitties in ten equated monthly instalments.

3.

On instructions, learned Standing counsel submitted that as on today an amount of Rs.5,42,298/- is remaining overdue from the petitioner towards the four chitties. It is also submitted that, there is no objection to the KSFE Ltd., in the petitioner remitting the amounts in ten equated monthly instalments.

Therefore, after having heard the learned counsel for the petitioner, Smt.K.P Santhi, and learned Standing Counsel, Sri.P.C.Anilkumar and perusing the pleadings and material on record; the writ petition is disposed of granting liberty to the petitioner to pay the outstanding amount in ten equated monthly instalments along with the current instalments, starting from 10.03.2023 and on the corresponding date of the succeeding months. However, I make it clear that, if any of the instalment is defaulted by the petitioner, the KSFE Ltd., will be at liberty to proceed in accordance with law and recover the amount in lump.