2025:KER:30358 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 WP(C) NO. 14692 OF 2025 PETITIONERS: 1 RAKESH K.T AGED 43 YEARS, S/O. LATE RAMAKRISHNAN, RESIDING AT KURIKKAL THODUKAYIL HOUSE, THACHAMPOYIL P.O, THAMARASSERY TALUK, KOZHIKODE, PIN – 673 573. 2 MAMMU HAJI P AGED 62 YEARS, S/O. ABOOBACKER, RESMINA MANZIL, PUTHUPPANAM P.O., VADAKARA, KOZHIKODE, PIN – 673 105. 3 SUHARA AGED 56 YEARS, W/O. MAMMU HAJI RESMINA MANZIL, PUTHUPPANAM P.O., VADAKARA, KOZHIKODE, PIN – 673 105. BY ADVS. TERRY V.JAMES ABRAHAM KOLLINAL IRIS S.R. RESPONDENTS: 1 THE 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., KUNNAMANGALAM BRANCH, REPRESENTED BY ITS MANAGER, KUNNAMANGALAM, KOZHIKODE, PIN – 673 571. SRI. P.C ANIL KUMAR - SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:30358 WP(C) NO.14692 OF 2025 2 JUDGMENT The 1st petitioner is the subscriber of two prized chitties with the Kerala State Financial Enterprises Ltd. (KSFE). He had also availed a chitty loan. Petitioners 2 and 3 are the guarantors. On default of payment of installments, the KSFE initiated recovery proceedings. Ext.P1 is the notice issued to the petitioners informing to clear off the dues or else revenue recovery proceedings would be initiated against them. Challenging Ext.P1, the petitioners have filed this writ petition. 2. Sri.P.C.Anil Kumar, the learned Standing Counsel for the KSFE, on instructions, submits 2025:KER:30358 WP(C) NO.14692 OF 2025 3 that, as on today (08.04.2025), an amount of Rs.36,23,582/- is outstanding in the loan accounts and the petitioners can be permitted to pay the said amount in reasonable installments. 3. Sri.Terry V.James, the learned counsel for the petitioners submits that the petitioners are in financial constraints and chronic they may be permitted to pay the outstanding amount in twenty six equal monthly installments. 4. In the facts and circumstances of the case, there will be a direction to the petitioners to pay the outstanding amount of Rs.36,23,582/- in twenty six equal monthly installments commencing from 15.05.2025 along with accrued interest and applicable charges. If the petitioners default payment of any of the 2025:KER:30358 WP(C) NO.14692 OF 2025 4 installments, it will be open to the KSFE to proceed against them for recovery of the amount, in accordance with law. To enable the petitioners to repay the amount in installments as above, all coercive proceedings against them pursuant to Ext.P1 shall stand deferred. The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE SPR 2025:KER:30358 WP(C) NO.14692 OF 2025 5 APPENDIX PETITIONER’ S EXHIBITS :- EXHIBIT P1 TRUE COPY OF THE REVENUE RECOVERY NOTICE NO. 198/DEF/NCL -3413 DATED 21.10.2024 OF THE 2ND RESPONDENT FOR RS. 13,00,000/-. EXHIBIT P2 TRUE COPY OF STATEMENT OF REMITTANCE FOR NEW CHITTY LOAN-3413 OF RS. 13 LAKHS. EXHIBIT P3 TRUE COPY OF STATEMENT OF REMITTANCE FOR CHITTY-20/20-55 OF RS. 30 LAKHS. EXHIBIT P4 TRUE COPY OF STATEMENT OF REMITTANCE FOR CHITTY-23/19-35 OF RS. 20 LAKHS. RESPONDENT EXHIBITS: NIL.