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2025 DAILYLAW 6323 (KER)

MUHAMMED KUTTY M A v. SPECIAL DEPUTY TAHSILDAR (RR)

WP(C)/13430/2025 · 2025-04-02

Murali Purushothaman

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:28300 WP(C) No.13430 of 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN WEDNESDAY, THE 2 ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 WP(C) NO. 13430 OF 2025 PETITIONER: MUHAMMED KUTTY M A AGED 54 YEARS S/O MK ABDULKHADER MULAMTHANATHU, ERATTUPETTA NADACKAL,KOTTAYAM, PIN - 686121 BY ADVS. AJMAL V. A. A.C.ARFANA FATHIMA V.A. RESPONDENTS: 1 SPECIAL DEPUTY TAHSILDAR (RR) K.S.F.E. LTD., MADUKKANIL CENTER, MUTTAMBALAM P O, KANJIKKUZHI, KOTTAYAM, PIN - 686004 2 BRANCH MANAGER KERALA STATE FINANCIAL ENTERPRISES LTD. ERATTUPETTAH BRANCH, 1ST FLOOR, VEEDON’S BUILDING, OPP.ST.GEORGE FORANE CHURCH P O, ARUVITHARA, ERATTUPETTAH KOTTAYAM, PIN - 686122 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:28300 WP(C) No.13430 of 2025 2 JUDGMENT The petitioner is the subscriber of a prized chitty with the Kerala State Financial Enterprises Limited (KSFE). He defaulted payment of instalments and at the instance of the 2 nd respondent, the 1 st respondent initiated revenue recovery proceedings. Ext.P1 is the demand notice issued under Section 7 of the Kerala Revenue Recovery Act, 1968 (for short, ‘the Act’) and Ext.P2 is the notice prior to attachment issued under Section 34 of the Act. The petitioner has filed this writ petition challenging Exts.P1 and P2. He has also sought for a direction to the 2 nd respondent to permit him to pay the amounts covered by Exts.P1 and P2 in a phased manner. 2. Sri.P.C Anilkumar, the learned Standing Counsel for the KSFE, on instructions, submits that as on 30.04.2025, an amount of Rs.12,89,476/- will be outstanding in the account of the petitioner and he can be permitted to pay the said amount in reasonable instalments. 3. The learned counsel for the petitioner submits that the 2025:KER:28300 WP(C) No.13430 of 2025 3 petitioner may be permitted to pay the outstanding amount in 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 of Rs.12,89,476/-in 20 equal monthly instalments commencing from 02.05.2025, along with accrued interest and applicable charges. If the petitioner defaults payment of any of the instalments, it will be open to the respondents 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:28300 WP(C) No.13430 of 2025 4 APPENDIX OF WP(C) 13430/2025 PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE REVENUE RECOVERY NOTICE BEARING RRC NO.2022/9998/05, DATED 24.05.2023 ISSUED UNDER SECTION 7 OF THE KERALA REVENUE RECOVERY ACT Exhibit-P2 TRUE COPY OF THE REVENUE RECOVERY NOTICE BEARING RRC NO.2022/9998/05, DATED 25.05.2023 ISSUED UNDER SECTION 34 OF THE KERALA REVENUE RECOVERY ACT Exhibit-P3 TRUE COPY OF THE NOTICE DATED 03.02.2025