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2025 DAILYLAW 6866 (KER)

NAJMAL K v. KERALA STATE FINANCIAL ENTERPRISES

WP(C)/14199/2025 · 2025-04-07

Murali Purushothaman

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:30099 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 WP(C) NO. 14199 OF 2025 PETITIONER: NAJMAL K AGED 31 YEARS S/O KUNHU P ,PALLAKALATHIL HOUSE ,KAPPUR ( P.O ) KEPPUR VILLAGE ,OTTAPPALAM TALUK PALAKKAD DT ., PIN – 679 552. BY ADVS. M.R.REENA P.S.SUJETH RESPONDENTS: 1 KERALA STATE FINANCIAL ENTERPRISES PETTAH BR.THIRUVANANTHAPURAM DT REP BY ITS MANAGER ,J.P KRISHNA BUILDING ,NALMUKKU ,PETTAH P.O,THIRUVANANTHAPURAM ., PIN – 695 024. 2 THE KERALA STATE FINANCIAL ENTERPRISES REGISTERED OFFICE, REP BY ITS MANAGING DIRECTOR BADHRADA ,THRISSUR ., PIN – 680 020. BY ADV. SALIL NARAYANAN, STANDING COUNSEL. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 14199 OF 2025 : 2 : 2025:KER:30099 JUDGMENT The petitioner is the subscriber of a Chitty with the Kerala State Financial Enterprises Limited, Pettah Branch, Thiruvananthapuram, the 1st respondent. On default in payment of instalments, the KSFE issued Ext.P1 communication intimating the petitioner that if the dues are not cleared, revenue recovery proceedings will be initiated under the Kerala Revenue Recovery Act, 1968. The petitioner has filed this writ petition for a direction to the respondents not to proceed pursuant to Ext.P1. 2. Adv. Salil Narayanan, the learned Standing Counsel for the KSFE, on instructions, submitted that, as on 05.04.2025, an amount of 24,17,887/- is outstanding against the petitioner and the petitioner can be permitted WP(C) NO. 14199 OF 2025 : 3 : 2025:KER:30099 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 15 equal monthly instalments. 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 24,17,887/- along with accrued interest and applicable charges in 15 equal monthly instalments commencing from 07.05.2025 b) If the petitioner defaults payment of any of the instalments, it will be open to the respondents to proceed against him in WP(C) NO. 14199 OF 2025 : 4 : 2025:KER:30099 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. 14199 OF 2025 : 5 : 2025:KER:30099 APPENDIX OF WP(C) 14199/2025 PETITIONER’S EXHIBITS EXHIBIT P1 TRUE COPY OF THE RECOVERY NOTICE DATED 18-02- 2025. EXHIBIT P2 TRUE COPY OF THE REPRESENTATION GIVEN BY THE PETITIONER DATED 27-02-2025.