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2025 DAILYLAW 6940 (KER)

JAINA BIBIN v. KERALA STATE FINANCIAL ENTERPRISES LTD

WP(C)/14404/2025 · 2025-04-07

Murali Purushothaman

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:29719 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. 14404 OF 2025 PETITIONER: JAINA BIBIN AGED 42 YEARS W/O.BIBIN PAUL, RESIDING AT POONELLIL HOUSE, PULLUVAZHY (P.O), PERUMBAVOOR., PIN – 683 541. BY ADVS. C.AJITH KUMAR VARSHA S.S. RESPONDENTS: 1 KERALA STATE FINANCIAL ENTERPRISES LTD BHADRATHA’, P.B NO.510, MUSEUM ROAD, THRISSUR, REPRESENTED BY ITS MANAGING DIRECTOR, PIN – 680 020. 2 THE KERALA STATE FINANCIAL ENTERPRISES LTD PERUMBAVOOR, REPRESENTED BY ITS MANAGER., PIN – 683 541. 3 THE SPECIAL DEPUTY TAHSILDAR REVENUE RECOVERY, KERALA STATE FINANCIAL ENTERPRISES LTD., ERNAKULAM., PIN – 682 018. BY ADVS. BINDU MOHAN, STANDING COUNSEL. SHEEJA C.S, SENIOR GP 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. 14404 OF 2025 : 2 : 2025:KER:29719 JUDGMENT The petitioner is the subscriber of four Chitties with the Kerala State Financial Enterprises Limited, the 1st respondent. On default in payment of instalments, the KSFE initiated revenue recovery proceedings under the Kerala Revenue Recovery Act, 1968 (for short, ‘the Act’). Exts.P1 to P4 are the demand notices issued under Section 34 of the Act. Challenging Exts.P1 to P4, the petitioner has filed this writ petition. The petitioner has also sought for a direction to respondents 1 and 2 to permit her to clear off the liability in 20 monthly instalments. 2. When the writ petition came up for consideration today, Adv. Bindu Mohan, the learned WP(C) NO. 14404 OF 2025 : 3 : 2025:KER:29719 Standing Counsel for the KSFE, on instructions, submitted that, as on 30.04.2025, an amount of Rs.1,31,67,370/- is outstanding against 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 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 Rs.1,31,67,370/- along with accrued interest and applicable charges in 20 equal monthly instalments WP(C) NO. 14404 OF 2025 : 4 : 2025:KER:29719 commencing from 07.05.2025 b) If the petitioner defaults payment of any of the instalments, it will be open to respondents 1 and 2 to proceed against her 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. 14404 OF 2025 : 5 : 2025:KER:29719 APPENDIX OF WP(C) 14404/2025 PETITIONER’S EXHIBITS EXHIBIT-P1 TRUE COPY OF THE NOTICE DATED 18/10/2024 ISSUED BY THE 3RD RESPONDENT FOR REALIZATION OF AMOUNT DUE UNDER LOAN ACCOUNT NO. 15/2019/A/1- 50 OF PETITIONER. EXHIBIT-P2 TRUE COPY OF THE NOTICE DATED 18/10/2024 ISSUED BY THE 3RD RESPONDENT FOR REALIZATION OF AMOUNT DUE UNDER LOAN ACCOUNT NO.25/2018/A/1- 8, TO WHICH PETITIONER IS A SURETY. EXHIBIT-P3 TRUE COPY OF THE NOTICE DATED 18/10/2024 ISSUED BY THE 3RD RESPONDENT FOR REALIZATION OF AMOUNT DUE UNDER LOAN ACCOUNT NO.40/2017/A/1- 3, TO WHICH PETITIONER IS A SURETY. EXHIBIT-P4 TRUE COPY OF THE NOTICE DATED 01/11/2024 ISSUED BY THE 3RD RESPONDENT FOR REALIZATION OF AMOUNT DUE UNDER LOAN ACCOUNT NO.KPL-323 OF PETITIONER.