Kerala High Court
(Petitioners) vs The Kerala State Financial Enterprises ... on 8 August, 2012
Author: A.M.Shaffique
Bench: A.M.Shaffique
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HON'BLE ACTING CHIEF JUSTICE MRS.MANJULA CHELLUR
&
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
TUESDAY, THE 4TH DAY OF SEPTEMBER 2012/13TH BHADRA 1934
WA.No. 1579 of 2012 ()
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AGAINST THE JUDGMENT IN WPC.18099/2012 DATED 08-08-2012
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APPELLANT(S):(PETITIONERS)
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1. BEENA NAZEER
W/O.LNAZEER KHAN,
KANIYAM PADICKAL PUTHEN VEETTIL, PUNNALA,
PATHANAPURAM
2. NAZEER KHAN, AGED 40 YEARS
S/O.ABDUL SAMAD, KANIYAM PADICKAL PUTHEN VEETTIL,
PUNNALA, PATHANAPURAM.
BY ADV. SRI.T.M.ABDUL LATHEEF
RESPONDENT(S):
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1. THE KERALA STATE FINANCIAL ENTERPRISES LTD.,
REPRESENTED BY ITS MANAGING DIRECTOR,
BHADRATHA ,P.B NO 510, MUSEUM ROAD, THRISSUR 680 020
2. THE BRANCH MANAGER
THE KERALA STATE FINANCIAL ENTERPRISES LTD KOLLAM
3. SPECIAL DEPUTY TAHSILDAR(R.R)
THE KERALA STATE FINANCIAL ENTERPRISES LTD.,KOLLAM
4. STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
FINANCE DEPARTMENT, THIRUVANANTHAPURAM 695001
R1 TO R3 BY ADV. SRI.LAL GEORGE
R4 BY GOVERNMENT PLEADER SRI.P.I.DAVIS
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 04-09-2012,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
tss
Manjula Chellur, Ag. C.J. & A.M. Shaffique, J.
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W.A.No. 1579 OF 2012
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Dated this the 4th day of September, 2012
JUDGMENT
Manjula Chellur, Ag. C.J.
Heard learned counsel for the appellants as well as Standing Counsel for respondents 1 to 3.
2. It is not in dispute that the 2nd appellant subscribed to different chitties and availed a loan from the 1st respondent Enterprises. When it came to the question of repayment, there was no regular repayment of the money, therefore recovery proceedings have to be initiated. At that point of time, by approaching Government they took the benefit of Ext.P2 order dated 14.02.2012, wherein they were directed to pay initially a sum of `1 lakh on or before 31.03.2012 and clear the balance amount by way of 30 instalments.
3. Unfortunately, after depositing `1 lakh on 31.03.2012, except a paltry sum of `90,000/- on one occasion and `25,000/- on another occasion, nothing else was paid. WA No. 1579 of 2012 -:2:- Therefore, again revenue recovery proceedings came to be continued. Again they approached the Government and were fortunate to get concession once again as per Ext.P6, wherein they were directed to pay 30% of the outstanding amounts on or before 12.08.2012 and balance by way of 20 instalments. But, the appellants/writ petitioners approached the Director of KSFE pleading difficulty to satisfy the requirement at Ext.P6 and when the same was not accommodated, they approached the learned Single Judge.
4. The learned Single, Judge having regard to the quantum of outstanding amount, i.e. nearly `17,51,955/-(Rupees seventeen lakhs fifty one thousand nine hundred and fifty five only) as on 16.07.2012 a direction was given to them to pay 30% of the outstanding amount as directed at Ext.P6 on or before 30.08.2012 instead of 12.08.2012. Aggrieved by this direction, the appellants/writ petitioners are before this Court seeking further concession so far as the time is concerned. They plead for six months time for depositing 30% of the outstanding amount and pay the remaining amount in instalments. WA No. 1579 of 2012 -:3:-
5. According to us, appellants/writ petitioners having used the chitty amounts by drawing them ought to have regularly paid the amount of subscription every month. Having failed to do so, revenue recovery proceedings at the instance of government authorities have been initiated. They sought indulgence of the Government to get some breathing time to pay the outstanding amount. However, they were not able to comply with the said direction. Again they approached the learned Single Judge who give two weeks time to deposit 30%. Till now, except `2,15,000/- nothing else is paid though long back the amounts were drawn and used by the appellants/writ petitioners. The respondent Enterprises is a public limited company dealing with public money raised by way of subscription by conducting chitties and other activities. In that view of the matter, virtually they deal with public money. If the amounts due by the appellants are not paid, ultimately Corporation is the victim and consequently it reflects on public.
In that view of the matter, we are of the opinion, plea for grant of six months time is not reasonable. We grant one month's time to deposit 30% of the outstanding amounts i.e. on WA No. 1579 of 2012 -:4:- or before 04.10.2012 and the balance shall be paid in 30 equal monthly instalments. Failing any of these conditions, the respondent Enterprises are at liberty to recommence the recovery proceedings.
Manjula Chellur, Ag. Chief Justice.
A.M. Shaffique, Judge.
ttb/05/09