KHALID Vs. KERALA STATE FINANCIAL ENTERPRISES LTD

JUDGEMENT

(1.) THE petitioner was a subscriber of Chitty No.12/07/27 and 13/06/23 under the 2nd respondent for five lakhs and two lakhs with monthly subscription of Rs.10,000/- and Rs.5,000/- respectively. The petitioner bid the first chitty on 6.8.2007 for Rs.3,50,000/- and the second one for Rs.1,70,000/-. It is admitted in the Writ Petition in paragraph No.2 that the payments from the 17th instalments were delayed.

(2.) IT is pointed out in the Writ Petition that the payment of dividends is not being followed, in respect of subscribers who make the payment with some delay. Certain amounts are shown as the dividend amounts to be paid to the petitioner in paragraph No.5 of the Writ Petition, which led to the petitioner filing a representation as per Exhibit P1. Again the petitioner filed a representation dated 12.8.2009, produced as Exhibit P2.

(3.) PRIMA facie it can be seen that reply given as per Exhibit P4 and P6 do not suffer from legal infirmities. The learned counsel for the petitioner vehemently submitted that the respondents have acted illegally. But, evidently, the matter is governed by the various stipulations in respect of the transactions to which the petitioner has agreed to. Therefore in a Writ Petition under Article 226 of the Constitution of India, this Court will not be justified in interpreting the same and attempting an adjudication on factual aspects. The Writ Petition is therefore dismissed. It is made clear that I have expressed the above view only on the validity of Exhibits P4 and P6 and still further if the petitioner seeks further remedies, this judgment will not be a bar for the same.