THOMAS JOHN v. THE KERALA STATE FINANCIAL ENTERPRISES LIMITED
WP(C)/12759/2025 · 2025-03-27
Murali Purushothaman
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 6008 (KER) · dailylaw.ai ]
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[ 2025 DAILYLAW 6008 (KER) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:KER:26728 WP(C) No.12759 of 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN THURSDAY, THE 27 TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO.12759 OF 2025 PETITIONERS: 1 THOMAS JOHN AGED 65 YEARS S/O C.T. JOHN, CHANASSERIL PUTHENVEEDU, MEZHUVELI P.O., PATHANAMTHITTA DISTRICT., PIN - 689507 2 SHERLY THOMAS AGED 57 YEARS W/O THOMAS JOHN CHANASSERIL PUTHENVEEDU, MEZHUVELI P.O., PATHANAMTHITTA DISTRICT. REPRESENTED BY HER POWER OF ATTORNEY HOLDER, THOMAS JOHN, AGED 65 YEARS, S/O C.T. JOHN, CHANASSERIL PUTHENVEEDU, MEZHUVELI P.O., PATHANAMTHITTA DISTRICT., PIN - 689507 BY ADVS. K.SHAJ BEENA N.KARTHA ARUN CHAND BHARAT VIJAY P.
MINU VITTORRIA PAULSON SAUMYA.P.S ARCHANA P.P.
REN SHIBU GOPIKA GOPAL RESPONDENTS: 1 THE KERALA STATE FINANCIAL ENTERPRISES LIMITED 'BHADRATHA', MUSEUM ROAD, P.B. NO.510, THRISSUR DISTRICT, REPRESENTED BY ITS MANAGING DIRECTOR, PIN - 680020
2025:KER:26728 WP(C) No.12759 of 2025 2 2 THE MANAGING DIRECTOR THE KERALA STATE FINANCIAL ENTERPRISES LIMITED, 'BHADRATHA', MUSEUM ROAD, P.B. NO.510, THRISSUR DISTRICT., PIN - 680020 3 THE SPECIAL DEPUTY TAHSILDAR (REVENUE RECOVERY), THE KERALA STATE FINANCIAL ENTERPRISES LIMITED, KOLLAM, CHINNAKKADA, KOLLAM DISTRICT., PIN - 691001 4 THE BRANCH MANAGER THE KERALA STATE FINANCIAL ENTERPRISES LIMITED, AARANMULA, MELETHIL BUILDINGS, P.O., ARANMULA, PATHANAMTHITTA DISTRICT., PIN - 689533 BY SMT.BINDU MOHAN, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:26728 WP(C) No.12759 of 2025 3 JUDGMENT The petitioners are subscribers of 15 prized chitties with the Kerala State Financial Enterprises Limited (KSFE). They defaulted payments of instalments. Revenue recovery proceedings were initiated against the petitioners by the 3 rd respondent at the instance of the KSFE. Exts.P3 to P17 are the notices issued under the Kerala Revenue Recovery Act,
1968. Challenging Exts.P3 to P17, the petitioners have filed this writ petition. The petitioners have also sought for a direction to the 1 st respondent to permit them to pay the dues in instalments. 2. Smt.Bindu Mohan, the learned Standing Counsel for the KSFE submits that an amount of Rs.97,05,748/- will be outstanding in the accounts of the petitioners as on 29.03.2025 and the petitioners can be permitted to pay the said amount in reasonable instalments. 3. The learned counsel for the petitioners submits that the petitioners may be permitted to pay the outstanding amount in 22 equal monthly instalments. 2025:KER:26728 WP(C) No.12759 of 2025 4
4.
In the facts and circumstances of the case, there will be a direction to the petitioners to pay the outstanding amount in 22 equal monthly instalments commencing from 02.05.2025, along with accrued interest and applicable charges. If the petitioners default payment of any of the instalments, it will be open to the KSFE to proceed against them for recovery of the amount, in accordance with law. To enable the petitioners to repay the amount in instalments as above, all coercive proceedings against them pursuant to Exts.P3 to P17 shall stand deferred. The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE smp
2025:KER:26728 WP(C) No.12759 of 2025 5 APPENDIX OF WP(C) 12759/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE POWER OF ATTORNEY DATED 21/03/2024 BETWEEN THE 2ND PETITIONER AND 1ST PETITIONER. Exhibit P2 THE TRUE COPY THE LAND TAX RECEIPT NO. KL03020706755/2022 DATED 22/07/2022 IN THE NAME OF 2ND PETITIONER. Exhibit P3 THE TRUE COPY OF THE NOTICE NO.SDT/KLM/22618/2023-24 DATED 19/07/2024 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONERS. Exhibit P4 THE TRUE COPY OF THE NOTICE NO.SDT/KLM/22620/2023-24 DATED 19/07/2024 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONERS. Exhibit P5 THE TRUE COPY OF THE NOTICE NO.SDT/KLM/22621/2023-24 DATED 19/07/2024 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONERS. Exhibit P6 THE TRUE COPY OF THE NOTICE NO.SDT/KLM/22623/2023-24 DATED 19/07/2024 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONERS. Exhibit P7 THE TRUE COPY OF THE NOTICE NO.SDT/KLM/22624/2023-24 DATED 19/07/2024 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONERS. Exhibit P8 THE TRUE COPY OF THE NOTICE NO.SDT/KLM/22625/2023-24 DATED 19/07/2024 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONERS. Exhibit P9 THE TRUE COPY OF THE NOTICE NO.SDT/KLM/22627/2023-24 DATED 19/07/2024
2025:KER:26728 WP(C) No.12759 of 2025 6 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONERS. Exhibit P10 THE TRUE COPY OF THE NOTICE NO.SDT/KLM/22628/2023-24 DATED 19/07/2024 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONERS.
Exhibit P11 THE TRUE COPY OF THE NOTICE NO.SDT/KLM/22629/2023-24 DATED 19/07/2024 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONERS. Exhibit P12 THE TRUE COPY OF THE NOTICE NO.SDT/KLM/22631/2023-24 DATED 19/07/2024 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONERS. Exhibit P13 THE TRUE COPY OF THE NOTICE NO.SDT/KLM/22632/2023-24 DATED 19/07/2024 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONERS. Exhibit P14 THE TRUE COPY OF THE NOTICE NO.SDT/KLM/22633/2023-24 DATED 19/07/2024 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONERS. Exhibit P15 THE TRUE COPY OF THE NOTICE NO.SDT/KLM/22634/2023-24 DATED 19/07/2024 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONERS. Exhibit P16 THE TRUE COPY OF THE NOTICE NO.SDT/KLM/22635/2023-24 DATED 20/01/2025 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONERS Exhibit P17 THE TRUE COPY OF THE NOTICE NO.SDT/KLM/22636/2023-24 DATED 19/07/2024 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONERS.