IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 19TH JANUARY 2011 / 29TH POUSHA 1932 WP(C).No. 31298 of 2010(J) ------------------------ PETITIONER(S): ----------------------- 1. P.J.XAVIER, AGED 49, S/O.JOSEPH, PATTAPARAMBIL HOUSE, PERUMPADAPPU, PALLURUTHY VILLAGE, KOCHI-6. 2. MADHU, AGED 50, S/O.PONNAN, PARAMBUVILAKATHU VEEDU, KONAM, PALLURUTHY, KOCHI-6. BY ADV. SRI.P.V. GEORGE (PUTHIYIDAM) RESPONDENT(S): ------------------------ 1. OFFICIAL LIQUIDATOR, HIGH COURT OF KERALA, OFFICE OF OFFICIAL LIQUIDATOR, KOCHI-21. 2. DEPUTY TAHSILDAR (R.R.), OFFICE OF DEPUTY TAHASILDAR, KOCHI-1. 3. VILLAGE OFFICER, OFFICE OF THE VILLAGE OFFICER, PALLURUTHY-682006. R1 BY ADV. SRI. K. MONI R2 & R3 BY SR. GOVT. PLEADER SRI. MATHEW GEORGE VADAKKEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.31298 of 2010 ------------------------------------------- Dated this the 19th day of January, 2011 J U D G M E N T ---------------------- This writ petition was filed challenging the revenue recovery steps initiated under Ext.P1 & Ext.P2, for realisation of amounts due to the official liquidator, High Court of Kerala, by virtue of a decree passed in a Company Claim (C.C.731/05 in C.P. No.9/2002). Since the said decree had attained finality and since the petitioner had not challenged the same in any statutory proceedings, I do not find any ground to interfere with the recovery steps which is initiated to realise the amount legally due. 2. However, as a gesture of indulgence, when the writ petition came up for consideration on 14.10.2010, an interim stay was granted subject to condition of payment of Rs.25,000/-. Eventhough the petitioner had remitted the initial amount of Rs.25,000/-, he had failed to comply with the further condition imposed inspite of repeated adjournments. Under the above circumstances I am not inclined to entertain this writ petition any further. W.P.(C).31298/10 -2- 3. Accordingly the writ petition is dismissed. However, it will be left open to the petitioner to approach the 1st respondent seeking settlement of payment either by waiver of any portion of the interest or penal interest or by seeking payment through instalments. C.K.ABDUL REHIM, JUDGE. okb