MUHAMMEDKUTTY P. Vs. KERALA STATE FINANCIAL ENTERPRISE

JUDGEMENT

(1.) Petitioner is a guarantor to a chitty subscribed by one Aboobacker. Repayment was defaulted, consequent to which, recovery action was initiated by the respondents resorting to the provisions of the Kerala Revenue Recovery Act, 1968, evident from Exhibit P1 notice issued under sec. 36 of the Act, 1968. It is thus challenging the legality and correctness of the coercive action, the writ petition is filed.

(2.) Even though various contentions are raised, learned counsel for petitioner submitted that the petitioner may be permitted to pay the outstanding amounts in 20 equated monthly installments. The learned Standing Counsel, on instructions, submitted that as on today, an amount of Rs.14,10,567.00 is due from the petitioner and opposed the suggestion to pay the amount in twenty instalments.

(3.) I have heard learned counsel for petitioner Sri.K.Rakesh and learned Standing Counsel for the KSFE Sri.P.C.Anilkumar and perused the pleadings and material on record.