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2025 DAILYLAW 4604 (KER)

C. ANIL KUMAR v. KERALA FINANCIAL CORPORATION

WP(C)/10466/2025 · 2025-04-03

Murali Purushothaman

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:28538 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 10466 OF 2025 PETITIONER: C. ANIL KUMAR AGED 54 YEARS S/O. BHASKARAN, CHAPPOTHIL HOUSE, NOCHIYIL ROAD, KUNNAMANGALAM P.O., KOZHIKODE DISTRICT., PIN – 673 571. BY ADVS. BABU JOSEPH KURUVATHAZHA ARCHANA K.S. MOHAMMED SHAFI.K NOEL EALIAS RESPONDENTS: 1 KERALA FINANCIAL CORPORATION REGIONAL OFFICE, HOTEL MALABAR PALACE, MUTHALAKULAM, KOZHIKODE, REPRESENTED BY ITS REGIONAL MANAGER., PIN – 673 001. 2 DEPUTY TAHSILDAR (REVENUE RECOVERY), OFFICE OF THE DEPUTY TAHSILDAR, KERALA FINANCIAL CORPORATION, KOZHIKODE., PIN – 673 004. BY ADVS. ADV. VENUGOPAL M.R. DHANYA P.ASHOKAN (SR.)(K/001671/2000) WP(C) NO.10466 OF 2025 : 2 : 2025:KER:28538 S. MUHAMMAD ALIKHAN(K/000644/2020) ANJANA S. RAJ(K/001318/2024) M.R. VENUGOPAL, STANDING COUNSEL. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.10466 OF 2025 : 3 : 2025:KER:28538 JUDGMENT The petitioner had availed loan from the Kerala Financial Corporation (for short, ‘KFC’), the 1st respondent. On default in payment of instalments, the 1st respondent initiated recovery proceedings. Ext.P1 notices were issued to the petitioner under Sections 7 and 34 of the Kerala Revenue Recovery Act, 1968. Challenging Ext.P1, the petitioner has filed this writ petition. The petitioner has also sought for direction to the respondents to provide 50 equal monthly instalments for settling the dues covered by Ext.P1. 2. When the writ petition came up for consideration today, the learned Standing Counsel for the KFC, on instructions, submitted that, as on 15.03.2025, an amount of Rs.1,55,12,597/- is outstanding in the loan WP(C) NO.10466 OF 2025 : 4 : 2025:KER:28538 account of the petitioner and the petitioner can be permitted to pay the said amount in reasonable 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. 4. In the facts and circumstances of the case, this writ petition is disposed of with the following directions:- a) The petitioner shall pay the outstanding amount of Rs.1,55,12,597/- along with accrued interest and applicable charges in 18 equal monthly instalments commencing from 02.05.2025. b) If the petitioner defaults payment of any of the instalments, it will be open to the WP(C) NO.10466 OF 2025 : 5 : 2025:KER:28538 respondents to proceed against him in accordance with law. c) To enable the petitioner to pay the amount in instalments as aforesaid, all coercive proceedings against the petitioner shall stand deferred. Sd/- MURALI PURUSHOTHAMAN JUDGE SRJ WP(C) NO.10466 OF 2025 : 6 : 2025:KER:28538 APPENDIX OF WP(C) 10466/2025 PETITIONER’S EXHIBITS EXHIBIT-P1 TRUE COPY OF THE NOTICE RRC NO.2024/17859/11 DATED 06.02.2025 ISSUED BY THE 2ND RESPONDENT. EXHIBIT-P2 TRUE COPY OF THE REPRESENTATION DATED 28.02.2025 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.