W.P(C) No.12596 of 2025 1 2025:KER:26853 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO.12596 OF 2025 PETITIONER: VIMAL PRASAD JAIN, AGED 50 YEARS S/O.VIMALANANDAN, PRASANTH BHAVAN, KUNNATHUR TALUK, PORUVAZHY VILLAGE, EDAKKAD MURI, EDAKKAD P.O, KOLLAM DISTRICT, PIN - 691552 BY ADVS. SAIJO HASSAN GAYATHRI NAIR RESPONDENT: KERALA STATE FINANCIAL ENTERPRISE LTD REPRESENTED BY ITS BRANCH MANAGER, CHADAYAMANGALAM, KOLLAM DISTRICT, PIN – 691534 BY ADV.P.C.ANILKUMAR, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C) No.12596 of 2025 2 2025:KER:26853 JUDGMENT The petitioner is the subscriber of a prized chitty with the respondent. The petitioner defaulted payment of installments. Ext.P3 is the notice issued by the respondent intimating the petitioner that, if the dues are not cleared, revenue recovery proceedings will be initiated against him. The petitioner has filed this writ petition challenging Ext.P3 and also for a direction to the respondent to provide him installment facility to pay the arrears. 2. Sri.P.C.Anil Kumar, learned Standing Counsel for the respondent, on instructions, submits that, as on today [27.03.2025], an amount of Rs.27,50,102/- is overdue in the account of the petitioner and that the W.P(C) No.12596 of 2025 3 2025:KER:26853 petitioner can be permitted to pay the said amount in reasonable installments. However, it is submitted that, the petitioner will not be entitled for dividends till the regularisation of his account. 3. The learned Counsel for the petitioner submits that, the petitioner may be permitted to pay the overdue amount in 20 equal monthly installments. 4. In the facts and circumstances of the case, there will be a direction to the petitioner to pay the overdue amount of Rs.27,50,102/- in 20 equal monthly installments commencing from 02.05.2025, along with accrued interest and applicable charges. The installments as above shall be payable in addition to the regular EMIs. W.P(C) No.12596 of 2025 4 2025:KER:26853 5. If the petitioner defaults payment of any of the installments, it will be open to the respondent to proceed against him for recovery of the amount, in accordance with law. To enable the petitioner to repay the amount in installments as above, all coercive proceedings against him pursuant to Ext.P3 shall stand deferred. The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE sp/28/03/2025 W.P(C) No.12596 of 2025 5 2025:KER:26853 APPENDIX OF WP(C) 12596/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE MEDICAL REPORT OF THE PETITIONER FROM KIMS HOSPITAL DATED 25.10.2024 Exhibit P2 TRUE COPY OF THE MEDICAL REPORT OF THE PETITIONER FROM ASTER HOSPITAL DATED 17.02.2025 Exhibit P3 TRUE COPY OF THE NOTICE DATED 14.03.2025 ISSUED BY THE RESPONDENT