Research › Search › Judgment

High Court of Kerala · body

2025 DAILYLAW 6742 (KER)

C.S THULASIDHARAN v. SPECIAL DEPUTY TAHSILDAR[RR]

WP(C)/13963/2025 · 2025-04-04

Murali Purushothaman

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:29324 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 WP(C) NO. 13963 OF 2025 PETITIONER: C.S THULASIDHARAN AGED 54 YEARS S/O SOMAN, GOKULAM, MULAMOODU, NARUVAMOODU, THIRUVANANTHAPURAM, PIN – 695 528. BY ADV. M.R.SARIN RESPONDENTS: 1 SPECIAL DEPUTY TAHSILDAR[RR] KERALA STATE FINANCIAL ENTERPRISES, NEYYATINKARA BRANCH, THIRUVANANTHAPURAM, PIN – 695 121. 2 KERALA STATE FINANCIAL ENTERPRISES HEAD OFFICE, BHADRATHA, MUSEUM ROAD, P.B NO 510, THRISSUR, REPRESENTED BY ITS MANAGING DIRECTOR, PIN – 680 020. 3 KERALA STATE FINANCIAL ENTERPRISES THIRUVANANTHAPURAM MAIN BRANCH, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGER, PIN – 695 001. 4 VILLAGE OFFICER KARUNAPURAM VILLAGE OFFICE, THIRD CAMP, IDUKKI, PIN – 685 552. BY ADVS. ARUN ANTONY, SC RESHMI THOMAS, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.13963 OF 2025 : 2 : 2025:KER:29324 JUDGMENT The petitioner had availed a loan from the Kerala State Financial Enterprises, Thiruvananthapuram Main Branch. On default in repayment, the KSFE initiated recovery proceedings under the Kerala Revenue Recovery Act, 1968 (for short, ‘the Act’). Exts.P1 and P2 notices prior to attachment were issued to the petitioner under Section 36 of the Act. Challenging Exts.P1 and P2, the petitioner has filed this writ petition. The petitioner has also sought for a direction to the respondents to grant 50 equal monthly instalments for repayment of the entire outstanding liabilities. 2. Adv.Arun Antony, the learned Standing Counsel for the KSFE, on instructions, submitted that, as on WP(C) NO.13963 OF 2025 : 3 : 2025:KER:29324 30.04.2025, an amount of Rs.33,60,029/- will be outstanding in the loan 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 20 equal monthly installments. 4. In the facts and circumstances of the case, this writ petition is disposed of with the following directions:- a) The petitioner shall pay the outstanding amount of Rs.33,60,029/- along with accrued interest and applicable charges in 20 equal monthly instalments WP(C) NO.13963 OF 2025 : 4 : 2025:KER:29324 commencing from 04.05.2025. b) If the petitioner defaults payment of any of the instalments, it will be open to the respondents to proceed against him in accordance with law. c) To enable the petitioner to pay the amount in instalments as aforesaid, all coercive proceedings against the petitioner shall stand deferred. Sd/- MURALI PURUSHOTHAMAN JUDGE SRJ WP(C) NO.13963 OF 2025 : 5 : 2025:KER:29324 APPENDIX OF WP(C) 13963/2025 PETITIONER’S EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE NOTICE UNDER SECTION 36 OF REVENUE RECOVERY ACT ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 29.1.2025. EXHIBIT P2 THE TRUE COPY OF THE NOTICE UNDER SECTION 36 OF REVENUE RECOVERY ACT ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 29.1.2025. EXHIBIT P3 THE TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 1 ST RESPONDENT DATED 25.03.2025.