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2025 DAILYLAW 6678 (KER)

AHAMMAD BAZEER v. KERALA STATE FINANCIAL ENTERPRISES LTD.

WP(C)/13830/2025 · 2025-04-03

Murali Purushothaman

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:28666 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. 13830 OF 2025 PETITIONER: AHAMMAD BAZEER AGED 69 YEARS S/O. K. MAMMUNNI MASTER, RESIDING AT MATTUMMAL, KARADI, THAMARASSERY, KOZHIKODE, PIN – 673 573. BY ADV M.S.AMAL DHARSAN RESPONDENTS: 1 KERALA STATE FINANCIAL ENTERPRISES LTD. THAMARASSERY BRANCH, GROUND FLOOR, THAMARASSERY TOWER, PO, NEAR NEW BUS STAND, THAMARASSERY, KOZHIKODE, PIN – 673 573. 2 THE SENIOR MANAGER KERALA STATE FINANCIAL ENTERPRISES LTD., THAMARASSERY BRANCH, GROUND FLOOR, THAMARASSERY TOWER, PO, NEAR NEW BUS STAND, THAMARASSERY, KOZHIKODE, PIN – 673 573. SRI. P.C ANILKUMAR - SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:28666 WP(C) NO.13830 OF 2025 2 JUDGMENT The petitioner is the subscriber of a prized chitty conducted by the Kerala State Financial Enterprises Ltd. (KSFE). The petitioner had also availed a chitty loan. The petitioner defaulted payment of installments. Ext.P1 is the notice issued by the 1st respondent informing the petitioner that, if the dues are not cleared, recovery proceedings under the provisions of the Kerala Revenue Recovery Act, 1968, will be initiated against him. The petitioner has filed this writ petition for a direction to the respondents to permit him to remit the total outstanding amount in twenty installments. 2025:KER:28666 WP(C) NO.13830 OF 2025 3 2. Sri.P.C.Anilkumar, the learned Standing Counsel for the KSFE, on instructions, submitted that, as on 02.04.2025, an amount of Rs.14,67,749/- is outstanding in the loan accounts of the petitioner and the petitioner can be permitted to pay the said amount in reasonable installments. 3. Sri.M.S.Amal Dharsan, the learned counsel for the petitioner submits that the petitioner may be permitted to pay the outstanding amount in twenty equal monthly installments. 4. In the facts and circumstances of the case, there will be a direction to the petitioner to pay the outstanding amount of Rs.14,67,749/- in twenty equal monthly installments commencing 2025:KER:28666 WP(C) NO.13830 OF 2025 4 from 03.05.2025 along with accrued interest and applicable charges. If the petitioner defaults payment of any of the installments, 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 installments as above, all coercive proceedings against him pursuant to Ext.P1 shall stand deferred. The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE SPR 2025:KER:28666 WP(C) NO.13830 OF 2025 5 APPENDIX PETITIONER’ S EXHIBITS :- EXHIBIT P1 TRUE COPY OF THE DEMAND NOTICE NO. 085/NCL-4248 DATED NIL ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. RESPONDENT EXHIBITS: NIL.