IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 18TH AUGUST 2011 / 27TH SRAVANA 1933 WP(C).No. 30278 of 2009(D) ---------------------------------- PETITIONER: --------------- K.T.JOY, KULANGARAYIL, KUDAVECHOOR P.O., VAIKOM. BY ADV. SRI.M.R.SASITH SRI.M.R.SARIN RESPONDENT(S): ------------------- 1. DISTRICT COLLECTOR, KOTTAYAM. 2. SECRETARY, VAIKOM BLOCK PANCHAYATH, VAIKOM. 3. TAHSILDAR, VAIKOM. 4. DEPUTY TAHSILDAR R&R, AUTHORISED OFFICER, VAIKOM. 5. VILLAGE OFFICER, VEECHUR, VAIKOM. ADV. SRI.ALEXANDER GEORGE FOR R2 SRI.J.ABHILASH FOR R2 SRI. BIJOY CHANDRAN - GOVT. PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 30278 of 2009(D) APPENDIX PETITIONER'S EXHIBITS EXT.P1: COPY OF ORIGINAL PHOTOGRAPH OF THE WORK DONE BY THE PETITIONER. EXT.P2: COPY OF RECEIPT & PURCHASE OF MATERIALS. EXT.P3 & P3(a): COPY OF THE REPRESENTATION SUBMITTED BEFORE R2 AND POSTAL RECEIPT. EXT.P4: COPY OF NOTICE ISSUED BY R2 DTD 28.12.06. EXTP5: COPY OF DEMAND NOTICE BY R2 DTD 30.5.2009. EXT.P6: COPY OF DEMAND NOTICE ISSUED BY R4 UNDER SECTION 34 OF REVENUE RECOVERY ACT. EXT.P7: COPY OF THE DEMAND NOTICE RECEIVED BY THE PETITIONER. TRUE COPY PA TO JUDGE. acd S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No. 30278 OF 2009 ---------------------------------------------- Dated this the 18th day of August, 2011 JUDGMENT The petitioner was the Convenor of a beneficiary committee for execution of certain works on behalf of the Vaikkom Block Panchayat. The petitioner received advance for the work. The petitioner did not complete the work. The respondents initiated proceedings for recovery of the amounts received by the petitioner with interest. That is under challenge in this writ petition. The petitioner now submits that the petitioner may be permitted to pay off the amounts due in six equal monthly instalments. 2. I have heard the learned Government Pleader as also the learned counsel for the Panchayat. Having heard both sides, I dispose of this writ petition with a direction to the respondents to permit the petitioner to pay off the amounts due in six equal monthly instalments starting from 1.10.2011. Every subsequent instalment shall be paid on the 1st working day of every succeeding month. If the petitioner pays W.P.(C)No.30278/09 2 the instalments on due dates without default, further proceedings under the Act shall be kept in abeyance. However, if the petitioner commits default in payment of any one of the instalments, it would be open to the respondent to continue proceedings as now initiated without having to issue any fresh notice or proceedings in that regard. S. SIRI JAGAN, JUDGE acd W.P.(C)No.30278/09 3