2025:KER:27906 WP(C) No.8717 of 2024 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN TUESDAY, THE 1 ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 WP(C) NO. 8717 OF 2024 PETITIONERS: 1 SASIDHARAN K AGED 69 YEARS S/O KOCHUKUNJU, PALATHARAYIL HOUSE, SOORANADU NORTH, ANAYADI, KOLLAM, PIN - 690561 2 BINDUMOL B AGED 56 YEARS W/O SASIDHAR, PALATHARAYIL HOUSE, SOORANADU NORTH, ANAYADI, KOLLAM, PIN - 690561 BY ADVS. ANEESH K.R LIA GEORGE SAURAV B. RESPONDENTS: 1 DISTRICT COLLECTOR KOLLAM COLLECTORATE, CIVIL STATION RD, KAANKATHU MUKKU, KOLLAM, KERALA, PIN - 691013 2 KERALA STATE FINANCIAL ENTERPRISES LTD CHINNAKKADA BRANCH, 3RD FLOOR, KSFE BUILDING, CHINNAKKADA, KOLLAM, PIN - 691001 3 SPECIAL DEPUTY TAHSILDAR (RR) OFFICE OF THE SPECIAL DEPUTY TAHSILDAR (RR) KSFE BUILDING, CHINNAKKADA KOLLAM, PIN - 691001 2025:KER:27906 WP(C) No.8717 of 2024 2 BY ADV P.C.ANIL KUMAR, SC. SMT.MABLE C. KURIAN, SR.GOVT. PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27906 WP(C) No.8717 of 2024 3 JUDGMENT The petitioners had availed a loan from the Kerala State Financial Enterprises Ltd. (KSFE). They are also subscribers to a prized chitty. The petitioners defaulted payment of instalments and revenue recovery proceedings were initiated against them. Ext.P3 is the sale notice issued under Section 49(2) of the Kerala Revenue Recovery Act, 1968. Ext.P4 is the auction notice issued to the petitioners by the 3 rd respondent. The petitioners have filed this writ petition for a direction to the KSFE to permit them to pay the entire arrears in 24 equal monthly instalments. 2. This Court, by order dated 04.03.2024, stayed further proceedings pursuant to Exts.P3 and P4 on condition that the petitioners remit an amount of Rs.50,000/- with the 2 nd respondent within one month. It is submitted that the petitioners have complied with the said direction. 3. A statement has been filed on behalf of the KSFE. The learned Standing Counsel for the KSFE submits that an amount 2025:KER:27906 WP(C) No.8717 of 2024 4 of Rs.6,50,193/- is outstanding in the accounts of the petitioners as on 28.02.2025 and they can be permitted to pay the said amount in reasonable instalments. It is also submitted that if the petitioners avail the benefit of One Time Settlement, they need to pay only Rs.4,13,969/- as on 08.04.2025. 4. The learned counsel for the petitioners submits that the petitioners may be permitted to pay the outstanding amount in 20 equal monthly instalments. 5. In the facts and circumstances of the case, there will be a direction to the petitioners to pay the outstanding amount of Rs.6,50,193/- in 20 equal monthly instalments commencing from 02.05.2025, along with accrued interest and applicable charges. If the petitioners default payment of any of the instalments, 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 instalments as above, all coercive proceedings against them pursuant to Exts.P3 and P4 shall stand deferred. It will be open to the 2025:KER:27906 WP(C) No.8717 of 2024 5 petitioners to approach the KSFE for availing the benefit of OTS before 08.04.2025. The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE smp 2025:KER:27906 WP(C) No.8717 of 2024 6 APPENDIX OF WP(C) 8717/2024 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE TREATMENT CERTIFICATE DATED 9.03.2023 ISSUED BY MEDICAL OFFICER, REGIONAL CANCER CENTRE THIRUVANANTHPURAM Exhibit P2 THE TRUE COPY OF THE SALARY SLIPS FROM JUNE 2023 TO FEBRUARY 2024 OF THE 2ND PETITIONER Exhibit P3 THE TRUE COPY OF ATTACHMENT NOTICE ISSUED BY THE 3RD RESPONDENT DATED 20.01.2024 Exhibit P4 THE NOTICE OF SALE DATED 05.02.2024 ISSUED BY THE 3RD RESPONDENT IS