IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 13TH JANUARY 2010 / 23TH POUSHA 1931 WP(C).No. 34723 of 2009(I) ------------------------------- PETITIONER: -------------- E.BADARUDEEN KOYA, VALIYAVEEDU, MAMATHA NAGAR, 36 A NEAR KOTTOORKULAM, RAMANKULANGARA P.O., KAVANAD, KOLLAM. BY MR.G.PRABHAKARAN, ADVOCATE. RESPONDENTS: ------------------ THE BRANCH MANAGER, THE KERALA STATE FINANCIAL ENTERPRISE LIMITED, KOLLAM MAIN BRANCH, KOLLAM-1. ADDL.R2. THE KERALA STATE FINANCIAL ENTERPRISE LIMITED, REGISTERED OFFICE, BHADRATHA, P.B.No.510, THRISSUR - 680 020, REP. BY ITS MANAGER. (ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 13.01.2010 IN I.A.No.499/2010). BY MR.M.SASINDRAN, SC, K.S.F.E. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.34723 OF 2009 --------------------------------------- Dated this the 13th day of January, 2010. J U D G M E N T The petitioner is a regular subscriber to the Chitty conducted by the Kerala State Financial Enterprise Limited, Kollam Main Branch, Kollam with Chitty No.70/04-54 for an amount of Rs.5 lakhs. It was prized in his favour. There were defaults in repaying the amount from the 37th installment, that is from 23.09.2007. The petitioner, when faced with coercive steps even though approached for getting instalments, on the failure of the 1st respondent to extend the said benefit, has filed this writ petition. It is submitted by the learned counsel appearing for the 1st respondent that the additional 2nd respondent alone can take a decision in the matter. 2. Therefore, if the petitioner files an appropriate representation before the additional 2nd respondent within a period of two weeks along with a copy of this judgment, the same will be considered by the additional 2nd respondent and W.P.(C) No.34723/2009 2 appropriate communication will be issued to the petitioner with regard to the benefits if any available in the matter. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp