IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SHAJI P.CHALY MONDAY, THE 10^TH DAY OF APRIL 2023 / 20TH CHAITHRA, 1945 WP(C) NO. 10740 OF 2023 PETITIONER/S:

OMANA AGED 59 YEARS W/O SREEDHARAN NAIR,KARIKOLLIYIL HOUSE ANJANIKUNNU, NEERVARAM P.O, PANAMARAM WAYANAD DISTRICT, PIN - 670721 BY ADV KAVERY S THAMPI RESPONDENT/S:

1 KERALA STATE FINANCIAL ENTERPRISES LIMITED (KSFE)

P.B.NO.510, MUSEUM ROAD, THRISSUR REPRESENTED BY MANAGING DIRECTOR, PIN - 680020

2 SPECIAL DEPUTY TAHSILDAR [REVENUE RECOVERY]

KERALA STATE FINANCIAL ENTERPRISES LIMITED, KOZHIKODE, PIN - 673002

3 SPECIAL DEPUTY TAHSILDAR [REVENUE RECOVERY]

KERALA STATE FINANCIAL ENTERPRISES LIMITED, KOZHIKODE, PIN - 673002 BY ADVS.

SHRI.SALIL NARAYANAN K.A., SC, KSFE LTD.

BINDU MOHAN OTHER PRESENT:

R3 - SMT.RESHMI.K.M,SENIOR GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 10^th day of April, 2023 The petitioner has availed 2 chitty and one loan from the Kerala State Financial Enterprises Ltd, Cheruvathoor Branch. Repayment was defaulted consequent to which KSFE initiated recovery action under the provisions of Kerala Revenue Recovery Act 1968 which finally culminated into Ext.P1 notice dated 13.02.2023 issued under Sec.36 of the Act. Even though various contentions are raised in the writ petition, the learned counsel for the petitioner submitted that petitioner is prepared to pay the outstanding amount in installments and the petitioner also may be permitted to approach the respondents for waiving penal interest.

2. The Standing counsel submitted that , as on today an amount of Rs.13,17,811/- is remaining due from the petitioner and therefore there was no illegality on the part of the respondent in recovering the amount resorting to the provisions of the Kerala Revenue Recovery Act 1968.

3. I have heard the learned counsel for the petitioner, Smt. Kavery S. Thampi, learned Sr. Standing Counsel for the KSFE Smt. Binu Mohan and the learned Senior Government pleader Smt. Reshmi K.M and perused the pleadings and materials placed on record.

Since the learned counsel for the petitioner submitted that the outstanding amount will be paid in installments; taking into account the adverse financial and economic situations in the community, the petitioner is permitted to pay the outstanding amount in 15 equated monthly installments starting from 25.04.2023. The rest of the installments are to be paid on the corresponding date of the succeeding months. Needless to say, if anyone of the installment is defaulted by the petitioner, the respondents will be at liberty to proceed in accordance with law and recover the amount in lump. If the petitioner submits a representation, after making 4 installments, before the Branch Manager or any other authority for waving the interest, it shall be considered in accordance with law.

Sd/-

SHAJI P. CHALY JUDGE SM APPENDIX OF WP(C) 10740/2023 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE NOTICE DATED 13.02.2022 ISSUED TO THE PETITIONER UNDER SECTION 36 OF THE KERALA REVENUE RECOVERY ACT 1968 RESPONDENT EXHIBITS NIL //TRUE COPY// PA TO JUDGE