IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 WP(C).No. 9103 of 2005(H) ------------------------- PETITIONER: ------------ 1. K.SUKUMARAN, PUTHUVAL PUTHEN VEEDU, KULANGARAKONAM, MACHAYIL PO TRIVANDRUM. 2. V.BINDU, MELANKOODU, VARUVILLA, NEMOM P.O., TRIVANDRUM DISTRICT. 3. SANAL KUMAR, PUTHUVAL PUTHEN VEEDU, KULANGARAKONAM, MACHAYIL P.O., TRIVANDRUM. BY ADV. SRI.G.S.REGHUNATH SRI.BASANT BALAJI RESPONDENTS: ------------- 1. THE KERALA STATE FINANCIAL ENTERPRISES LTD., MEDICAL COLLEGE BRANCH, TRIVANDRUM. 2. STATE OF KERALA, REP. BY THE SECRETARY TO GOVT. (REVENUE), SECRETARIAT, TRIVANDRUM. 3. THE SPECIAL TAHSILDAR (R.R), KERALA STATE FINANCIAL ENTERPRISES LTD., TRIVANDRUM. BY ADV. SRI.A.K.JOHN, ADDL.SC., KSFE LTD. FOR R1 SRI.M.K.CHANDRAMOHAN DAS, SC, KSFE, LTD FOR R1,3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.9103/2005 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF ATTACHMENT NOTICE DATED 24/03/2003. P2 : COPY OF DEMAND NOTICE ISSUED TO PETIITONER. P3 : COPY OF RECEIPT DATED 27/03/2003. P4 : COPY OF REPRESENTATION SUBMITTED BY PETIITONER BEFORE THE HONOURABLE MINISTER. P5 : COPY OF RECEIPT DATED 25/06/2003. P6 : COPY OF NOTICE DATED 22/09/2003. P7 : COPY OF PAMPHLET PRINTED AND KEPT IN THE OFFICE OF THE R1. P8 : COPY OF REPRESENTATION DATED 31/03/2006 SUBMITTED BY PETIITONERS BEFORE THE MANAGING DIRECTOR, KERALA STATE FINANCIAL ENTERPRISES LTD., TRIVANDRUM. P9 : COPY OF RECEIPT DATED 31/03/2005 FOR RS.50,000/- ISSUED BY R3. P9(a) : COPY OF RECEIPT DATED 04/04/2005 FOR RS.15,000/- ISSUED BY R3. P9(b) : COPY OF RECEIPT DATED 19/12/2005 FOR RS.85,000/- ISSUED BY R3. P10 : COPY OF NOTICE NO.SDT/NTA/3242/03-04 DATED 04/12/2006 ISSUED BY R3. //TRUE COPY// PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR, J. ------------------------- W.P.(C) No. 9103 of 2005 --------------------------------- Dated, this the 23rd day of July, 2008 J U D G M E N T Heard learned counsel for petitioners and learned standing counsel appearing for the KSFE. 2. Petitioners' case is that on the date of issue of Ext.P1 notice, i.e. 24/03/2003, the balance outstanding in the loan account was only Rs.2,03,819/-. However, petitioners remitted a total sum of Rs.1,89,500/- after Ext.P1. Therefore, present demand of Rs.2,37,608/- as on 31/08/2007 is not justified is his case. It is stated in Ext.P1 that interest @ 18% is payable by the petitioners on the balance outstanding amount. In any case, primafacie, I feel there is some mistake in the credit taken for calculation of interest. The writ petition is, accordingly, disposed of directing petitioners to produce receipts of payments made before 1st respondent for him to verify the statement of accounts and issue a notice of actual balance liability granting petitioners reasonable time to settle liability. If petitioners produce receipts towards proof of payments made by them along with copy of the judgment, then 1st respondent will consider the same and will give a detailed statement of balance WP(C) No.9103/2005 -2- liability, within a period of two weeks from the date of furnishing receipts along with copy of the judgment. (C.N.RAMACHANDRAN NAIR, JUDGE) jg