IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 22ND JULY 2011 / 31ST ASHADHA 1933 WP(C).No. 18464 of 2011(G) ---------------------------------------- PETITIONER(S): ------------------------- 1. C.K.RADHA,W/O.CHANDRASEKHARAN, CHEROLI HOUSE, EDAKKAD P.O,KOZHIKODE. 2. PREJI.K.V,W/O.BASANTH T.VISWAS HOUSE, KASABA VILLAGE,KOZHIKODE. 3. RANGEENA.M.K,W/O.BIJU.T.SAI BHAVAN, PANNIYAMKARA VILLAGE,KOZHIKODE. 4. BASANTH T,CHEROOLY HOUSE, PUTHIYANGADY VILLAGE, KOZHIKODE. BY ADV. SRI.K.PRAVEEN KUMAR RESPONDENT(S): --------------------------- 1. KERALA STATE FINANCIAL ENTERPRISES LTD., REP.BY ITS MANAGING DIRECTOR,TRICHUR- 680 001 2. THE MANAGER,KERALA STATE FINANCIAL ENTERPRISES LTD., MAIN BRANCH,KALLAI RAOD, KOZHIKODE.PIN- 673 001. 3. THE SPECIAL DEPUTY THASILDAR,REVENUE RECOVERY,KSFE LTD.,KALLAI ROAD, KOZHIKODE. 673 001. R1 TO R3 BY ADV. SRI.M.L.SAJEEVAN, SC, KSFE LTD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.18464/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE LOAN SANCTIONING ORDER DATED 24/3/2010 ISSUED BY THE 2ND RESPONDENT. P2 COPY OF THE DEMAND NOTICES ISSUED U/.S 7 OF THE REVENUE RECOVERY ACT TO THE 1ST PETITIONER. P2(A) COPY OF THE DEMAND NOTICES ISSUED U/.S 7 OF THE REVENUE RECOVERY ACT TO THE 2ND PETITIONER. P2(B) COPY OF THE DEMAND NOTICES ISSUED U/.S 7 OF THE REVENUE RECOVERY ACT TO THE 3RD PETITIONER. P2(C) COPY OF THE DEMAND NOTICES ISSUED U/.S 7 OF THE REVENUE RECOVERY ACT TO THE 4TH PETITIONER. P3 COPY OF THE DEMAND NOTICES ISSUED U/S 34 TO THE 1ST PETITIONER. P3(A) COPY OF THE DEMAND NOTICES ISSUED U/S 34 TO THE 2ND PETITIONER. P3(B) COPY OF THE DEMAND NOTICES ISSUED U/S 34 TO THE 3RD PETITIONER. P3(C) COPY OF THE DEMAND NOTICES ISSUED U/S 34 TO THE 4TH PETITIONER. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts S.SIRI JAGAN, J. ================== W.P.(C).No. 18464 of 2011 ================== Dated this the 22nd day of July, 2011 J U D G M E N T The petitioners have subscribed to four chitties with respondents 1 and 2, and four loans as well. Payment of instalments in the chitties and repayment of instalments of the loan amounts have fallen in arrears. The respondents have initiated recovery proceedings for recovery of the amounts due, which is under challenge in this writ petition. The petitioners do not dispute the liability to pay or the quantum. They only seek facility to pay off the outstanding arrears due and to continue to pay the instalments of the chitties and loan accounts after regularising the chitties and loan accounts. 2. This is opposed by the learned Standing Counsel for the KSFE. 3. Having heard both sides, taking a lenient view, I dispose of this writ petition with the following directions: The petitioners shall pay the outstanding arrears of instalments of the chitties and the outstanding instalments of repayment of loans in three equal monthly instalments along with regular instalments on the dates when the regular instalments become due as per the original chitty agreements and the loan agreements. Thereafter, respondents 1 and 2 shall regularise the chitty and loan accounts allowing the w.p.c.18464/11 2 petitioners to continue to pay the balance instalments of chitties and repayment of loans in accordance with the original agreements. If the petitioners comply with the above directions, further proceedings for coercive recovery shall be kept in abeyance. However, if the petitioners commit default in payment of either the defaulted amounts or any of the future instalments, it would be open to the respondents to continue proceedings as now initiated without having to issue any fresh notice or proceedings in that regard. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge