KC JOSEPH v. KERALA STATE FINANCIAL ENTERPRISES LTD
WP(C)/14082/2025 · 2025-04-04
Murali Purushothaman
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 6809 (KER) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6809 (KER) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
WP(C) NO. 14082 OF 2025 : 1 : 2025:KER:29076 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. 14082 OF 2025 PETITIONER:
KC JOSEPH, AGED 65 YEARS S/O K.K CHACKO, 403, KOTTAKADAVIL, CHOOLAYIL, PUNNAMADA WARD, AVALAKUNNU PO, ALAPPUZHA DISTRICT., PIN - 688006 BY ADV P.T.SHEEJISH RESPONDENTS: 1 KERALA STATE FINANCIAL ENTERPRISES LTD REPRESENTED BY ITS MANAGER, KUTHIATHODE BRANCH, ALLAPUZHA DISTRICT., PIN - 688533 2 KERALA STATE FINANCIAL ENTERPRISES LTD, REPRESENTED BY ITS CHAIRMAN, HEAD OFFICE ATTRISSUR,TRISSUR KERALA., PIN – 682018 R BY SMT.BINDU 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. 14082 OF 2025 : 2 : 2025:KER:29076 JUDGMENT The petitioner had subscribed two prized chitties from the 1st respondent – Kerala State Financial Enterprises Limited, Kuthiyathode Branch. On default of payment of installments, the 1st respondent issued Ext.P1 notice informing the petitioner that if the dues are not cleared, recovery proceedings would be initiated. The petitioner has filed this writ petition for direction to the 1st respondent to permit him to clear off the liability in 30 equal monthly installments. 2. Adv.Bindu Mohan, the learned Standing Counsel for the respondents submitted that, as on today [04.04.2025], an amount of Rs.1,11,26,345/- is outstanding against the petitioner and the
WP(C) NO. 14082 OF 2025 : 3 : 2025:KER:29076 petitioner can be permitted to clear off the said amount in reasonable monthly installments. 3. The learned counsel for the petitioner submits that the petitioner may be permitted to pay the outstanding amount in 20 equal monthly installments. In the facts and circumstances of the case, this writ petition is disposed of with the following directions: (1) The petitioner shall pay the outstanding
amount
of Rs.1,11,26,345/- along with accrued interest and applicable charges in 20 equal monthly installments commencing from 05.05.2025. (2) If the petitioner defaults payment of any of the installments, it will be open to the respondents to
WP(C) NO. 14082 OF 2025 : 4 : 2025:KER:29076 proceed against him, for the recovery of the amount in accordance with law. (3) To enable the petitioner to remit the installments, all coercive proceedings against him shall stand deferred. Sd/- MURALI PURUSHOTHAMAN JUDGE SB
WP(C) NO.
14082 OF 2025 : 5 : 2025:KER:29076 APPENDIX PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE DEMAND NOTICE DATED 20.02.2025 Exhibit P2 TRUE COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 11.03.2025 Exhibit P3 THE TRUE COPY OF THE REVENUE RECOVERY NOTICE ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 12.03.2025 Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED NIL PREFERRED BY THE PETITIONER TO THE 2NDRESPONDENT