IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 8TH JULY 2011 / 17TH ASHADHA 1933 WP(C).No. 10207 of 2011(A) ---------------------------------------- PETITIONER(S): ------------------------ 1. P.A.RAVICHANDRAN, S/O.AYYAPILLAI, AGED 45, KIZHAKEPUTHUVAL, KOZHIKANAM ESTATE ELAPPARA ,IDUKKI. 2. G.MOHANDAS, S/O.GOPAL PILLAI, AGED 46, TEACHER, GOVT .UPPER PRIMARY SCHOOL, VANDIPERIYAR, PEERUMADE, IDUKKI. BY ADV. SRI.C.S.MANILAL SRI.NIDHEESH.S. RESPONDENT(S): -------------------------- 1. THE KERALA STATE FINANCIAL ENTERPRISES LTD, REP BY THE BRANCH MANAGER, K.S.F.E MUNDAKAYAM,KOTTAYAM.PIN- 686 513 2. THE SPECIAL DEPUTY THAHASILDAR REVENUE RECOVERY ,K.S.F.E LTD M.D.COMMERCIAL CENTRE, KOTTAYAM.PIN-686 001 3. THE HEAD MASTER, GOVT.UPPER PRIMARY SCHOOL, VANDIPERIYAR IDUKKI. PIN- 685 531 R1 BY ADV. SRI.M.K.CHANDRAMOHAN DAS, SC, KSFE, LTD SRI.M.L.SAJEEVAN,SC R2 BY GOVERNMENT PLEADER SRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.10207/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE JUDGMENT DATED 3/8/2009. P2 COPY OF THE REVENUE RECOVERY NOTICE DATED 5/9/2009. P3 COPY OF THE NOTICE DATED 15/12/2020 P4 COPY OF THE RECEIPTS. P5 COPY OF THE STATEMENT DATED 5/1/2011 P6 COPY OF THE NOTICE DATED 10/1/2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.10207 OF 2011 ---------------------------------------------- Dated this the 8th day of July, 2011 JUDGMENT The petitioners defaulted repayment of loan amounts taken by them from the Kerala State Financial Enterprises. They are challenging revenue recovery proceedings for recovery of the defaulted loan amounts on the ground that the amounts demanded is incorrect. They have produced Ext.P5 explanation furnished by the 1st petitioner in respect of the dispute regarding the calculation of amounts due. But, without considering the same, the 2nd respondent has simply issued Ext.P6 is the grievance of the petitioner. The petitioner therefore challenges Ext.P6 and seeks a direction to the 1st respondent to consider Ext.P5. 2. I am of opinion that when the petitioners have specifically pointed out certain discrepancies which according to them needs to be considered by the 1st respondent, it is not proper for the 1st respondent to continue proceedings without first answering Ext.P5. In the above circumstances, I dispose of W.P.(C)No.10207/11 2 this writ petition with the following directions: The 1st respondent shall consider and pass orders on Ext.P5, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment and intimate the same to the petitioners. If the petitioners fail to pay the amount as per the re-computation, if any, within one month, the respondents can continue proceedings as now initiated without having to issue any fresh notice or proceedings in that regard. S. SIRI JAGAN, JUDGE acd W.P.(C)No.10207/11 3 W.P.(C)No.10207/11 4