A X KURIAKOSE Vs. KERALA STATE FINANCIAL ENTERPRISES

JUDGEMENT

(1.) THE petitioner has subscribed to various chits conducted by the respondent/K.S.F.E and admittedly much amount is due under various heads. Since there was no proper repayment, the respondents proceeded with steps under the Revenue Recovery Act, which in turn are under challenge in this writ petition.

(2.) IT is brought on record that, the petitioner had approached this Court earlier by filing W.P.(C) No.30357/2010, which culminated in Ext.P1 judgment, wherein, it was observed that, no coercive steps for the sale of the property were taken, but for attachment and in the absence of any earnest efforts to pay of the liability, this Court was not inclined to entertain the writ petition. Observing that the amount of Rs.2 Lakhs deposited by the petitioner during the pendency of the writ petition was to be given due credit to, the petitioner was relegated to approach the respondent/K.S.F.E for proper settlement of the liability.

(3.) MR.Babu Varghese, the learned senior counsel appearing for the respondent/K.S.F.E submits that much indulgence has already been shown and the opportunity given was not properly made use of by the petitioner by effecting the timely payments. It is pointed out that, the grievance of the petitioner was considered by the Managing Director, who extended the time to clear the balance amount till 31.07.2012; despite which, no positive effort was taken by the petitioner, to have it cleared accordingly.