Kerala High Court
Shyja.P vs State Of Kerala
Author: Shaji P.Chaly
Bench: Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 5TH DAY OF APRIL 2018 / 15TH CHAITHRA, 1940
WP(C).No. 5195 of 2018
PETITIONER(S):
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SHYJA.P
W/O. GIREESH P.P, AGED 31, PUTHENPEEDIKAYIL HOUSE,
KODANCHERRI P.O, PURAMERI VIA, KOZHIKODE DISTRICT.
BY ADV.SMT.C.LEENA
RESPONDENT(S):
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1. STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM 695 001.
2. THE SPECIAL DEPUTY TAHSILDAR [REVENUE RECOVERY]
K.S.F.E LTD, KALLAYI ROAD, KOZHIKODE.-673002
3. THE MANAGER
OFFICE OF THE SPECIAL DEPUTY TAHSILDAR, K.S.F.E LTD,
KALLAI ROAD, KOZHIKODE 673002.
4. THE KERALA STATE FINANCIAL ENTERPRISES LTD
REPRESENTED BY ITS BRANCH MANAGER, KALLACHI BRANCH,
KOZHIKODE.673002
5. THE KERALA STATE FINANCIAL ENTERPRISES LTD
CORPORATE OFFICE, THRISSUR,
REPRESENTED BY ITS GENERAL MANAGER.-680001
6. THE VILLAGE OFFICER
PURAMERI VILLAGE, KOZHIKODE DISTRICT.-673001
R4& R5 BY SRI.P.C.ANIL KUMAR, SC, KSFE LTD.
SRI.SALIL NARAYANAN K.A., SC, KSFE LTD.
R1 TO R3 BY SR.GOVERNMENT PLEADER SRI.P.M.MANOJ
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-04-2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 5195 of 2018 (Y)
APPENDIX
PETITIONER(S)' EXHIBITS:
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EXHIBIT P1. COPY OF THE INTIMATION DATED 30.1.18 ISSUED BY
THE 4TH RESPONDENT TO THE PETITIONER.
EXHIBIT P2. COPY OF THE NOTICE BEARING RRC NO.C5-2014/52261/11
DATED 29.10.14 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P2[A]. COPY OF THE NOTICE BEARING RRC NO.C5-2014/52262/11
DATED 30.10.14 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P2[B]. COPY OF THE NOTICE BEARING RRC NO.C5-2014/52263/11
DATED 30.10.14 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P2[C]. COPY OF THE NOTICE BEARING RRC NO.C5-2014/52264/11
DATED 30.10.14 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P2[D]. COPY OF THE NOTICE BEARING RRC NO.C5-2014/58892/11
DATED 6.12.14 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P2[E]. COPY OF THE NOTICE BEARING RRC NO.C5-2014/58894/11
DATED 6.12.14 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P2[F]. COPY OF THE NOTICE BEARING RRC NO.C5-2014/58895/11
DATED 6.12.14 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P3. COPY OF TEH REPRESENTATION DATED 1.2.18
SUBMITTED BY THE PETITIONER BEFORE THE 3RD
RESPONDENT WITH A COPY TO THE 2ND RESPONDENT.
RESPONDENTS EXHIBITS: NIL
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//TRUE COPY//
P.A. TO JUDGE
dlk/5/4/18
SHAJI P. CHALY, J.
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W.P.(C). No. 5195 of 2018
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Dated this the 5th day of April, 2018
JUDGMENT
According to the petitioner, petitioner's husband, who is deserted the petitioner, has availed 3 chitty loans and is a subscriber to 4 chitties conducted by the KSFE, Kozhikode Unit. Properties of the petitioner's husband was mortgaged for release of the loan amount as well as prized chitties. According to the petitioner petitioner is residing in the residential building in the property offered as mortgage. Consequent to the non- payment by the husband of the petitioner, recovery action is initiated under the provisions of the KRR Act. It is thus challenging the coercive action and seeking other consequential reliefs, this writ petition is filed.
2. Even though petitioner has submitted Ext.P3 W.P.(C). No. 5195 of 2018 2 representation, the same is not considered by the respondents. These are the backgrounds projected by the petitioner in this writ petitioner.
3. Heard learned counsel for the petitioner, learned senior Government Pleader as well as learned standing counsel for the KSFE.
4. Even though various contentions are raised with respect to the illegality in the coercive action, today, when the matter is taken up, learned counsel for the petitioner submitted that an OTS scheme is offered by the KSFE to the petitioner, by which, the petitioner is liable to pay only an amount of Rs.20,85,341/- against a total due amount of Rs.24,66,128/-. According to the petitioner, petitioner is unable to pay the said amount under the OTS in lump sum. However, the petitioner is prepared to pay an amount of Rs.12,00,000/- forth with. W.P.(C). No. 5195 of 2018 3
5. Therefore, petitioner is permitted to pay an amount of Rs.12,00,000/- within a week from the date of receipt of a copy of this judgment. For the payment of balance amount under the OTS along with accrued interest or cost, if any, the petitioner is given time up to 15.5.2018.
6. Needless to say, if the petitioner is not complying with any of the directives, respondents will be at liberty to proceed in accordance with law, and recover the amount in lump.
7. If the recovery charges are not included in the OTS amount specified above, the recovery charges shall be confined to 1% of the amount deposited by the petitioner.
Writ petition is disposed of accordingly.
Sd/-
SHAJI P. CHALY, JUDGE dlk/5/4/