IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 27TH JUNE 2011 / 6TH ASHADHA 1933 WP(C).No. 16671 of 2011(H) -------------------------- PETITIONER(S): ------------------------ E.BADARUDEEN KOYA, NOW RESIDING AT RAJ SADAN 30, WEST OF COLLECTORATE KOLLAM- 691013. BY ADV. SRI.G.PRABHAKARAN SMT.R.PADMAKUMARI RESPONDENT(S): ------------------------- 1. THE BRANCH MANAGER, THE KERALA STATE FINANCIAL ENTERPRISE LIMITED, KOLLAM MAIN BRANCH, KOLLAM- 691 001. 2. THE KERALA STATE FINANCIAL ENTERPRISES LIMITED, REGISTERED OFFICE BHADRATHA, P.B.NO.510, THRISSUR- 680 020, REP.BY ITS THE MANAGER. GOVT.PLEADER SRI.P.N.SANTHOSH SRI.M.L.SAJEEVAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.16671/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE DEMAND NOTICE DT 30.9.2009. EXT.P2: TRUE COPY OF THE DEMAND NOTICE DT 12.1.2011. EXT.P3: TRUE COPY OF THE REQUEST DT 10.6.201. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 16671 OF 2011 (H) ===================== Dated this the 27th day of June, 2011 J U D G M E N T Petitioner was the subscriber of Kuri with Chit No.70/04-54. Admittedly default was committed and by Ext.P2 notice, he has been asked to pay the balance amount of Rs.47,610 within 14 days. It is also stated in Ext.P2 that non payment will compel the respondents to initiate recovery proceedings. It is in these circumstances the writ petition has been filed by the petitioner and the prayer made is to allow him 6 months time to pay the amount mentioned in Ext.P2. 2. I heard the learned standing counsel appearing for the respondents also. 3. Although the respondents cannot be faulted for having issued Ext.P2, fact remains that all that the petitioner seeks is an instalment facility to pay the amount demanded and thus to avoid coercive action. In the circumstances, I feel the petitioner should be permitted to pay the amount due in instalments. Therefore, I dispose of this writ petition directing that the petitioner will be permitted to pay the amount due in six equal WPC No. 16671/11 :2 : monthly instalments, the first of which will be paid on or before 15/7/2011 and the subsequent instalments will be paid on or before 15th of every succeeding month. It is directed that in case default is committed in paying any of the instalments, it will be open to the respondents to initiate further action without any notice. ANTONY DOMINIC, JUDGE Rp