Kerala High Court
Devaky.M.J vs M/S.Kerala State Financial ... on 20 March, 2013
Author: Manjula Chellur
Bench: Manjula Chellur, A.M.Shaffique
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HON'BLE THE CHIEF JUSTICE DR. MANJULA CHELLUR
&
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
MONDAY, THE 5TH DAY OF AUGUST 2013/14TH SRAVANA, 1935
WA.No. 1133 of 2013 () IN WP(C).6687/2013
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AGAINST THE JUDGMENT IN WP(C) 6687/2013 DATED 20-03-2013
APPELLANT/WRIT PETITIONER:
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DEVAKY.M.J
W/O. RAJAN, ILANKKKAL HOUSE, KARIMBA.P.O.
MANNARKKAD TALUK, PALAKKAD DISTRICT-678590.
BY ADV. DR.K.P.PRADEEP
RESPONDENT:
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1. M/S.KERALA STATE FINANCIAL ENTERPRISES LTD.
REGISTERED OFFICE, MUSEUM ROAD, THRISSUR-680020
REPRESENTED BY ITS MANAGING DIRECTOR.
2. BRANCH MANAGER
KERALA STATE FINANCIAL ENTERPRISES LTD.
ERNAKULAM (EVENING) BRANCH
MORNING STAR BUILDING KACHERIPADI, KOCHI-682018.
3. SPECIAL DEPUTY TAHSILDAR(RR)
KSFE LTD, PALAKKAD II BRANCH, OPP. AROMA THEATRE
PALAKKAD-678001.
4. DISTRICT COLLECTOR,
ERNAKULAM, CIVIL STATION, KAKKANAD
ERNAKULAM.
BY SENIOR GOVERNMENT PLEADER SRI.P.I.DAVIS
BY SRI.P.V.LONACHAN,SC,KSFE LTD.
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 05-08-
2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX
WA.No. 1133 of 2013
ANNEXURE AI: TRUE COPY OF THE COMMUNICATION NO.RR/PKD/4104/12-
13 DATED 12.04.2013 ISSUED BY THE OFFICE OF THE 1ST
RESPONDENT.
ANNEXURE A2: TRUE COPY OF THE REPRESENTATION DATED 20.04.2013
SUBMITTED BY THE APPELLANT/PETITIONER.
ANNEXURE A3: TRUE COPY OF THE COMMUNICATION NO.RR/PKD/1014/12-
13 DATED 09.05.2013 ISSUED BY THE OFFICE OF THE 1ST
RESPONDENT.
ANNEXURE A4: TRUE COPY OF THE TREPRESENTATION DATED 21.05.2012
SUBMITTED BY THE APPELLANT/PETITIONER TO THE 1ST
RESPONDENT.
ANNEXURE A5: TRUE COPY OF THE COMMUNICATION NO.RR/PKD/4104/12-
13 DATED 25.05.2013 ISSUED BY THE OFFICE OF THE 1ST
RESPONDENT.
ANNEXURE A6: TRUE COPY OF THE RECEIPT NO.47 DATED 5.06.2013
ISSUED BY THE 3RD RESPONDENT FOR AN AMOUNT OF
RS.7,500/-
ANNEXURE A7: TRUE COPY OF THE DEMAND DRAFT NO.568528 DATED
07.06.2013 ISSUED BY THE STATE BANK OF TRAVANCORE,
PALAKKAD BRANCH FOR RS.7,500/- AND SUBMITTED TO
THE 3RD RESPONDENT.
ANNEXURE A8: TRUE COPY OF THE DEMAND DRAFT NO.458774 DATED
19.06.2013 ISSUED BY THE STATE BANK OF INDIA,
PALAKKAD BRANCH FOR RS.20,000/- AND SUBMITTED TO
THE 3RD RESPONDENT.
/TRUE COPY/
PA TO JUDGE
MANJULA CHELLUR,C.J.
&
A.M.SHAFFIQUE, J.
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Writ Appeal No.1133 of 2013
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Dated this the 5th day of August, 2013
JUDGMENT
Manjula Chellur,CJ Appellant/writ petitioner approached the learned Single Judge mainly questioning the quantum of liability. In other words, the amount demanded by the respondent authorities were denied on factual issue by the appellant. Learned Single Judge disposed of the writ petition with a direction at paragraph 4 of the judgment, which reads as under:-
"Therefore, I direct that the petitioner will produce a copy of this judgment before the 2nd respondent who there upon, will issue to her a statement of account indicating her liability. Thereupon, it will be open to her to settle the same. It is made clear that once the liability is so cleared, petitioner will be allowed to pay the balance amount in five equal monthly instalments. First instalment shall be paid on or before 05.04.2013 and the subsequent instalments shall be paid on or before the last working day of every Writ Appeal No.1133 of 2013 2 succeeding month. Subject to payment as above, coercive action will stand deferred and in case of default, respondents will be free to proceed with the recovery action already initiated."
2. As we note from records, subsequent to judgment dated 20.03.2013, intimation dated 12.04.2013 was issued to appellant by the 1st respondent intimating the details of amounts due and also over due amounts towards the chitty transaction of the appellant. According to the appellant, the directions were not complied with by the respondent. Therefore only in the month of June voluntarily he paid about 42,000/- towards the dues.
3. On going through the directions at paragraph 4 stated supra and also contents of Annexure I it is seen whatever has to be intimated is intimated by the respondent-authorities so far as the balance dues from the appellant and if there is any dispute with regard to the quantum of amounts due, it cannot be decided in a proceeding under Article 226 of the Constitution of India making a rowing enquiry into the factual situation. Therefore, we are of the opinion, none of the Writ Appeal No.1133 of 2013 3 grounds raised by the appellant are sustainable so as to persuade us to give any further direction.
Accordingly, the appeal is dismissed.
MANJULA CHELLUR, CHIEF JUSTICE A.M.SHAFFIQUE, JUDGE.
sj 5/8