IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 8TH JANUARY 2008 / 18TH POUSHA 1929 WP(C).No. 21792 of 2007(T) -------------------------------------- PETITIONER: ------------------ SUBAIDA, NADUVAZHIKATH, THEKKETHIL, KUREEPUZHA, PERINAD, KOLLAM. BY ADV. SRI.B.KRISHNA MANI RESPONDENTS: ----------------------- 1. THE SECRETARY, KOLLAM CORPORATION, KOLLAM. 2. THE SECRETARY, KOLLAM DEVELOPMENT AUTHORITY, KOLLAM CORPORATION, KOLLAM. 3. THE DEPUTY TAHSILDAR (R.R), KOLLAM. R1 & R2 BY ADV. SRI.CHANDRAMOHAN DAS (SR) R3 BY GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.21792/2007 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE NOTICE DT. 27.3.07. ANNEXURE R1(1):- COPY OF THE PETITION. /TRUE COPY/ P.S. TO JUDGE tss PIUS C. KURIAKOSE, J. ----------------------------------------------- W.P.(C)No. 21792 OF 2007-T ----------------------------------------------- DATED THIS THE 8th January 2008 J U D G M E N T In this writ petition, the petitioner challenges Ext.P1 demand made by the 2nd respondent which has now merged into the first respondent impugning recovery proceedings. One of the grounds raised is limitation and another ground is that it is not necessary to sell the entire property for recovering the debt. As for the question of limitation, it is clear from Annexure R-1 that the petitioner has admitted the liability. Under these circumstances, the writ petition will stand disposed of issuing the following directions. 2. The order of stay issued by this Court will continue on condition that the petitioner pays every month commencing from 1st February 2008 at the rate of Rs.40,000/-. In the event of any two defaults, the stay will stand automatically vacated. It is open to the petitioner to identify a purchaser (in the event of the property being brought to sale) who will be prepared to pay the entire debt as value for a portion of the property. If such a WP(C)No.21792/2007. -2- purchaser is identified, the respondents will facilitate purchase of portion of the property by that purchaser so that the entire proceeds can go in liquidation of the entire debt. Sd/- (PIUS C.KURIAKOSE, JUDGE) ks. WP(C)No.21792/2007. -3-