IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 8TH FEBRUARY 2011 / 19TH MAGHA 1932 WP(C).No. 37862 of 2010(G) -------------------------- PETITIONER:- ------------------ SUJATHA.V, VIDYABHAVAN HOUSE, PEERUMEDU P.O., IDUKKI DT.-685 531. BY ADV. SMT.P.R.REENA RESPONDENTS:- --------------------- 1. THE REGIONAL MANAGER, KERALA STATE FINANCIAL ENTERPRISES LIMITED, REGD. OFFICE: "BHADRATHA" P.B.NO.510, MUSEUM ROAD, THRISSUR-680 020. 2. THE BRANCH MANAGER, KERALA STATE FINANCIAL ENTERPRISES LTD., MUNDAYAKKAYAM BRANCH, KOTTAYAM DT.-686 573. 3. THE SECRETARY, KARIMANNOOR GRAMA PANCHAYATH, IDUKKI, THODUPUZHA-685 581. ADV. SRI.T.NAVEEN, SC, K.S.F.E. LTD. FOR R1-2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J. = = = = = = = = = = = = = WP(C).No.37862 of 2010-G. = = = = = = = = = = = = = Dated this the 8th February, 2011. J U D G M E N T Petitioner is aggrieved by the coercive steps initiated under the Kerala Revenue Recovery Act, pursuant to Ext.P5 notice issued, for realising amounts due to respondents 1 and 2 under a chitty transaction subscribed by the petitioner. 2. According to the petitioner, she is the subscriber of three chits conducted by the 2nd respondent and her husband is the subscriber in another chitty. It is stated that two chits in which the petitioner is the subscriber has not been prized and the amounts remitted in those chits can be adjusted against the liability with respect to other chits for which the recovery steps has been initiated. According to the petitioner, she made representation before the 1st respondent seeking adjustment of the amounts already remitted in chitty Nos.45/08-17 and 13/08-7, against WP(C).No.37862 of 2010-G. 2 amounts due in other chitties. Since such an adjustment of amounts as suggested was not done, the petitioner is challenging the revenue recovery steps. 3. In the statement filed on behalf of respondents 1 and 2, it is mentioned that amounts are due with respect to all the three chitty transactions. It is also evident that the petitioner was issued with a reply to the effect that the adjustment as requested will be made only after the petitioner clearing the entire amounts due. 4. However, I do not find any legal ground raised to hold that the petitioner can be exonerated from the liability in any manner, on the basis of the request made under Ext.P6. It is for the petitioner to pursue such remedies before respondents 1 and 2, by abiding conditions if any insisted by respondents 1 and 2. I take note of the fact that no reply was seen given to the petitioner after considering Ext.P6. Since it is stated that Ext.P6 has been submitted, I am of the view that interest of justice will be served if the first respondent is directed to consider Ext.P6 and take a WP(C).No.37862 of 2010-G. 3 decision thereof within a time limit. 5. Therefore, the writ petition is disposed of directing the first respondent to consider Ext.P6 and to take a decision regarding the request made therein, if necessary after affording an opportunity of personal hearing to the petitioner. A decision as directed above shall be taken at the earliest possible, at any rate within a period of one month from the date of receipt of a copy of this Judgment. 6. The revenue recovery steps now initiated shall be kept in abeyance till a decision is taken as directed above and copy of the same is forwarded to the petitioner. Needless to say that collection and recovery of the balance amount will depend upon outcome of the decision which will be taken by the first respondent. C.K.ABDUL REHIM, (Judge) Kvs/-