2025:KER:25582 WP(C) No.12082 of 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947 WP(C) NO. 12082 OF 2025 PETITIONER: DHANISH GOPI AGED 46 YEARS S/O.GOPI, THEKKILAKKATTIL(H), PARLY, EDAKKARA (P.O.), MALAPPURAM DISTRICT., PIN - 679331 BY ADVS. GEORGIE JOHNY ANITA ANN GEORGE AIRINE JOBY VARADA K. HARI RESPONDENTS: 1 KSFE EDAKKARA BRANCH MUSLIYARANGADI, EDAKKARA, MALAPPURAM, KERALA., PIN - 679331 2 SPECIAL DEPUTY TAHASILDAR(RR) OFFICE OF THE SPECIAL DEPUTY TAHASILDAR, KSFE LTD., KUNNATH BUILDING, KANDAATH SUDHEVAN ROAD, PALAKKAD., PIN - 678001 2025:KER:25582 WP(C) No.12082 of 2025 2 3 DEPUTY GENERAL MANAGER (RECOVERY) KERALA STATE FINANCIAL ENTERPRISE LTD., BHADHRATHA, MUSEUM ROAD, THRISSUR., PIN - 680020 BY SRI.SALIL NARAYANAN, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:25582 WP(C) No.12082 of 2025 3 JUDGMENT The petitioner was subscriber of a chitty with the KSFE, Edakkara Branch, Malappuram District. The petitioner defaulted payment of instalments and the 2nd respondent initiated revenue recovery proceedings at the instance of the 1st respondent. Ext.P1 is the demand notice issued under Section 7 of the Kerala Revenue Recovery Act, 1968 (for short, ‘the Act’). Ext.P2 is the notice prior to attachment issued under Section 34 of the Act. The petitioner has filed this writ petition challenging Ext.P2. The petitioner has also sought for a direction to the KSFE to permit him to pay the dues in 24 monthly instalments. 2. Sri.Salil Narayanan K.A, the learned Standing Counsel for the KSFE submits that on 04.03.2022, an amount of Rs.33,50,495/- is outstanding in the account of the petitioner and the petitioner can be permitted to pay the said amount in reasonable instalments. 3. The learned counsel for the petitioner submits that the petitioner may be permitted to pay the outstanding amount in 2025:KER:25582 WP(C) No.12082 of 2025 4 20 equal monthly instalments. 4. In the facts and circumstances of the case, there will be a direction to the petitioner to pay the outstanding amount in 20 equal monthly instalments commencing from 25.04.2025, along with accrued interest and applicable charges. If the petitioner defaults payment of any of the instalments, it will be open to the KSFE to proceed against him for recovery of the amount, in accordance with law. To enable the petitioner to repay the amount in instalments as above, all coercive proceedings against him pursuant to Exts.P1 and P2 shall stand deferred. The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE smp 2025:KER:25582 WP(C) No.12082 of 2025 5 APPENDIX OF WP(C) 12082/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE DEMAND NOTICE DATED 02.03.2022 UNDER SECTION7 OF THE KERALA REVENUE RECOVERY ACT, 1968 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. Exhibit P2 TRUE COPY OF THE DEMAND NOTICE DATED 04.03.2022 UNDER SECTION 34 OF THE KERALA REVENUE RECOVERY ACT, 1968 ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT. Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 06.10.2024 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 06.10.2024 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.