Vyshakan.K. vs. State Of Kerala
Held
The Court directed the 3rd respondent (Kerala State Financial Enterprises Ltd) to consider the petitioner's representation (Ext.P11) within three weeks, after providing an opportunity of hearing. All contentions raised by the petitioner were left open for the 3rd respondent to consider.
Facts
The petitioner's deceased mother had availed a personal loan, which went into default. Recovery proceedings were initiated against the petitioner, including attachment of salary and property, despite his claim that he was neither a surety nor a guarantor for the loan. The petitioner, a clerk in the State GST department, sought to quash a prohibitory order and direct the 4th respondent (Joint Commissioner, State GST) to consider his representation.
Key Issues
Whether the recovery proceedings initiated against the petitioner for a loan availed by his deceased mother were legal, given his claim of not being a surety or guarantor, and whether the respondents should be directed to consider his representations.
Sections Cited
None
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 5TH DAY OF JUNE 2023 / 15TH JYAISHTA, 1945 WP(C) NO. 17588 OF 2023 PETITIONER: VYSHAKAN.K. AGED 36 YEARS S/O.MEENARANI.S, VALIYAKALAM HOUSE, THENNILAPURAM, KAVASSERI, PUDUR P.O., PALAKKAD DISTRICT, PIN - 678548 BY ADVS. DINESH MATHEW J.MURICKEN VINOD S. PILLAI NAYANA VARGHESE AHAMMAD SACHIN K. RESPONDENTS: 1 STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, SECRETARIAT ANNEX, STATUE JUNCTION, THIRUVANANTHAPURAM GENERAL.P.O., THIRUVANANTHAPURAM DISTRICT, PIN - 695001 2 THE SPECIAL DEPUTY TAHSILDAR (R.R) KERALA STATE FINANCIAL CORPORATION LTD., KUNNATH BUILDING, SECOND FLOOR, KANDATH SUDHEVAN ROAD, SULTHAN PET, PALAKKAD.P.O., PALAKKAD DISTRICT, PIN - 678001 3 THE KERALA STATE FINANCIAL ENTERPRISES LTD CHITTUR BRANCH, CHITTUR.P.O., PALAKKAD DISTRICT, REPRESENTED BY ITS MANAGER, P
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