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2025 DAILYLAW 3004 (KER)

LEKHA v. KERALA STATE FINANCIAL ENTERPRISES LTD., REPRESENTED BY ITS MANAGING DIRECTOR

WP(C)/117/2024 · 2025-04-04

Murali Purushothaman

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP(C) NO. 117 OF 2024 : 1 : 2025:KER:29386 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 WP(C) NO. 117 OF 2024 PETITIONER: LEKHA, AGED 53 YEARS D/O LEELA DEVI, SAYANTHANAM, KARIPOOR, MALAYINKEEZHU.P.O., THIRUVANANTHAPURAM,, PIN - 695571 BY ADVS. R.T.PRADEEP M.BINDUDAS P.BIJIMON RESPONDENTS: 1 KERALA STATE FINANCIAL ENTERPRISES LTD., REPRESENTED BY ITS MANAGING DIRECTOR BHADRATHA, MUSEUM ROAD, THRISSUR, PIN - 680020 2 BRANCH MANAGER KERALA STATE FINANCIAL ENTERPRISES LTD., PEYAD BRANCH, THIRUVANANTHAPURAM - 695573 3 SPECIAL DEPUTY TAHSILDAR K.S.F.E. LTD. (R.R.) OFFICE OF THE SPECIAL DEPUTY TAHSILDAR K.S.F.E. LTD. (R.R.), FIRST FLOOR, S N COMPLEX, MAINROAD, NEYYATTINKARA, THIRUVANANTHAPURAM, PIN – 695121 R BY SRI.SALIL NARAYANAN, SC R BY SR.GP SMT.MABLE C.KURIAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 117 OF 2024 : 2 : 2025:KER:29386 JUDGMENT The petitioner had availed a loan from the 2nd respondent – Kerala State Financial Enterprises Limited, Peyad Branch. On default of payment of installments, recovery steps were initiated by the 3rd respondent at the instance of the 2nd respondent. Ext.P1 is the demand notice and Ext.P3 is the notice prior to attachment issued under Sections 7 and 34 of the Kerala Revenue Recovery Act, 1968. Challenging Exts.P2 and P3, the petitioner has filed this writ petition. She has also sought for direction to the 2nd respondent to permit her to pay the outstanding amount in equal monthly installments. 2. Sri.Salil Narayanan, learned Standing Counsel submits that, as on 04.03.2025, an amount of Rs.16,39,088/- is outstanding in the loan account of WP(C) NO. 117 OF 2024 : 3 : 2025:KER:29386 the petitioner and the petitioner can be permitted to clear off the said amount in reasonable monthly installments. 3. The learned counsel for the petitioner submits that the petitioner may be permitted to pay the outstanding amount in 18 equal monthly installments. In the facts and circumstances of the case, this writ petition is disposed of with the following directions: (1) The petitioner shall pay the outstanding amount of Rs.16,39,088/- along with accrued interest and applicable charges in 18 equal monthly installments commencing from 05.05.2025. (2) If the petitioner defaults payment of any of the installments, WP(C) NO. 117 OF 2024 : 4 : 2025:KER:29386 it will be open to the respondents to proceed against her, for the recovery of the amount in accordance with law. (3) To enable the petitioner to remit the installments, all coercive proceedings against her shall stand deferred. Sd/- MURALI PURUSHOTHAMAN JUDGE SB WP(C) NO. 117 OF 2024 : 5 : 2025:KER:29386 APPENDIX PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF NOTICE DATED 19.10.2022 TO PETITIONER BY THE ASSISTANT GENERAL MANAGER OF 1ST RESPONDENT Exhibit P2 TRUE COPY OF NOTICE (RRC NO.2022/17124/01) DATED 6.11.2023 UNDER SECTION 7 OF KERALA REVENUE RECOVERY ACT BY 3RD RESPONDENT TO THE PETITIONER Exhibit P3 TRUE COPY OF NOTICE (RRC NO.2022/17124/01) DATED 7.11.2023 UNDER SECTION 34 OF KERALA REVENUE RECOVERY ACT BY 3RD RESPONDENT TO THE PETITIONER