Judgment
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, PIN - 678101 4 THE JOINT COMMISSIONER STATE GOODS AND SERVICE TAX, 1ST FLOOR, STATE GST COMPLEX,
WP(C) NO. 17588 OF 2023 2 BEHIND CIVIL STATION, PALAKKAD.P.O., PALAKKAD DISTRICT, PIN - 678001 BY ADV BINDU MOHAN, SC - R3 SRI.B.S.SYAMANTAK, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 17588 OF 2023 3 P.V.KUNHIKRISHNAN, J.
------------------------------ W.P.(C)No. 17588 of 2023 ---------------------------------------------- Dated this the 05th day of June, 2023 JUDGMENT The above writ petition is filed with the following prayers:
“(i) issue a writ of certiorari or any other appropriate writ or direction to call for the records leading to Exhibit P9 and quash the same (ii) issue a writ of mandamus or any other appropriate writ or direction to the 4th respondent to consider Exhibit P10 representation and to pass appropriate order as expeditiously as possible (iii) dispense with the production of English translation of vernacular documents (iv) grant such other reliefs which this Honourable Court may deem fit and proper in the circumstances of the case.”[SIC] 2.
The petitioner is presently working as clerk in the state GST department, Palakkad. Petitioner's
WP(C) NO. 17588 OF 2023 4 mother, Meenarani died on 12.07.2019. Petitioner had availed a Personal loan from the 3rd respondent on 18.07.2017 for an amount of Rs.2,50,000/- by providing her salary certificate as security. The repayment was defaulted from 18.09.2018 and there was defaulted repayment of 33 monthly instalments.
The 2nd respondent had issued a prohibitory order for the attachment of a portion of the salary at an amount Rs.10,000/- from the petitioner as the petitioner was made as the defaulter under the provisions of the Kerala Revenue Recovery Act.
According to the petitioner, there was an attachment by the 2nd respondent over 0.0830 Hectare of land in Re.Sy. Block No.30, Re.Sy No: 449/7 of Kavassery 2 village, Alathur Taluk, Palakkad district in the name of Late Sukumaran, husband of Late Meenarani and father of the petitioner and his sister are their legal heirs. It is the case of the petitioner that, he never
WP(C) NO. 17588 OF 2023 5 stood as a surety or guarantor for the personal loan availed by his mother Meenarani hence the initiation of recovery proceedings against the petitioner, despite the petitioner not being a surety or guarantor for the loan is illegal. The petitioner submitted Ext.P11 representation before the 3rd respondent.
The grievance of the petitioner is that the same is not considered.
3.
Heard the learned counsel appearing for the petitioner, the learned Government Pleader and the learned Standing counsel appearing for the 3rd respondent.
4.
After hearing both sides, I am of the considered opinion that these are matters to be considered by the 3rd respondent. Therefore, there can be a direction to the 3rd respondent to consider Ext.P11 within a short period before the next recovery of the petitioner's salary.
WP(C) NO. 17588 OF 2023 6 Therefore, this writ petition is disposed of in the following manner:
i.
The 3rd respondent is directed to consider and pass appropriate orders in Ext.P11, after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within a period of three weeks from the date of receipt of a certified copy of this judgment.
ii.
All the contentions raised by the petitioner in this writ petition are left open.
iii.
Petitioner will produce a certified copy of this judgment along with a copy of this writ petition before the 3rd respondent for compliance.
Sd/- P.V.KUNHIKRISHNAN DM JUDGE
WP(C) NO. 17588 OF 2023 7 APPENDIX OF WP(C) 17588/2023 PETITIONER EXHIBITS EXHIBIT P1 TRUE
COPY
OF
THE
MEDICAL CERTIFICATE
ISSUED
BY DR.KRISHNADAS.T.,
DISTRICT HOSPITAL, PALAKKAD DATED 19.06.2019 EXHIBIT P2 TRUE COPY OF THE DEATH CERTIFICATE OF THE PETITIONER'S MOTHER ISSUED FROM NALLEPILLY GRAMA PANCHAYAT, PALAKKAD ISSUED ON 02.08.2019 EXHIBIT P3 TRUE COPY OF THE REVENUE RECOVERY NOTICE NO.RCL-1229 ISSUED BY THE 3RD RESPONDENT DATED 01.02.2022 EXHIBIT P4 TRUE COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DATED 04.03.2022 EXHIBIT P5 TRUE COPY OF THE LIABILITY CERTIFICATE OF LATE MEENARANI ISSUED BY THE DEPUTY COMMISSIONER OF STATE GST DEPARTMENT, CHITTUR DATED 05.03.2021 EXHIBIT P6 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE
DISTRICT
LEGAL
SERVICES AUTHORITY,
PALAKKAD
DATED 18.03.2022 EXHIBIT P7 TRUE COPY OF THE DEMAND NOTICE NO:SDT/PKD/9043/22-23 ISSUED BY THE 2ND RESPONDENT DATED 29.06.2022 EXHIBIT P8 TRUE COPY OF THE ATTACHMENT NOTICE ON IMMOVABLE PROPERTY ISSUED BY THE 2ND RESPONDENT DATED 10.02.2023
WP(C) NO. 17588 OF 2023 8 EXHIBIT P9 TRUE COPY OF THE PROHIBITORY ORDER NO.SDT/PKD/9043/22-23 ISSUED BY THE 2ND RESPONDENT DATED 13.04.2023 EXHIBIT P10 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 28.04.2023 EXHIBIT P11 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 31.05.2023 RESPONDENTS EXHIBITS : NIL //TRUE COPY// PA TO JUDGE