IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 15TH JULY 2010 / 24TH ASHADHA 1932 WP(C).No. 8804 of 2010(A) ------------------------- PETITIONER(S): --------------- P.P.JOHNSON, SON OF POULOSE, PAINADATHU HOUSE, MUTTIL, MADAKKI MALA, VYTHIRI TALUK, KALPETTA, WAYANAD DISTRICT. BY ADV. SRI.P.RAMAKRISHNAN RESPONDENT(S): --------------- 1. THE KERALA STATE FINANCIAL ENTERPRISES LIMITED, BHADRATHA, MUSEUM ROAD, THRISSUR, REPRESENTED BY ITS MANAGING DIRECTOR. 2. THE SENIOR MANAGER, K.S.F.E.LIMITED, KALPETTA. 3. THE BUSINESS MANAGER, K.S.F.E.LIMITED, MUSEUM ROAD, THRISSUR. 4. THE DEPUTY TAHSILDAR (R.R.) K.S.F.E.LTD., KALLAI ROAD, KOZHIKODE. 5. C.P.JOHNSON, SON OF PAILY, CHAKKALAKUDIYIL, KATTAYAD, VELLOMMUNDA, MANANTHAVADI, WAYANAD. BY ADV. SRI.ASOK M.CHERIYAN, SC, K.S.F.E. LTD. FOR R1-4 GOVERNMENT PLEADER SRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. ``````````````````````````````````````````````````````` W.P.(C) No. 8804 of 2010 A ``````````````````````````````````````````````````````` Dated this the 15th day of July, 2010 J U D G M E N T The petitioner is a guarantor to some chitty loan availed by the fifth respondent from the first respondent. But, the repayment was not effected on time and the respondents proceeded with steps for recovering the amount involving the remedy under the Revenue Recovery Act. Then, the petitioner, along with the fifth respondent, approached this Court by filing W.P.(C) No.33636/2005 which culminated in Ext.P1 judgment, whereby the concerned respondents were directed to furnish a statement of accounts and to keep the recovery proceedings in abeyance for a period of one month. In the meanwhile, the petitioner has preferred Ext.P3 representation before the first respondent for appropriate reliefs. 2. The learned standing counsel appearing for respondents 1 to 4 submits, on instructions, that a total sum of Rs.4,96,615/- is due from the petitioner as on 31-03-2010. The learned counsel for the petitioner submits that all the amounts satisfied by the petitioner as well as the fifth respondent have not been given due credit. 3. In the above facts and circumstances, the first respondent is directed to consider and pass appropriate orders on Ext.P3, in accordance with law, at the earliest, at any rate, within 'two months' from WPC.8804/2010 : 2 : the date of receipt of a copy of this judgment. Taking note of the submission made by the learned counsel for the petitioner that the petitioner is not in a position to satisfy the entire liability in lump sum, this Court finds it fit and proper to permit the petitioner to satisfy the same by way of reasonable instalments. Accordingly, the petitioner is permitted to wipe off the entire liability by way of 'ten' equal monthly instalments, the first of which shall be paid on or before the 30th of this month; to be followed by the other instalments to be effected on or before the 30th of the succeeding months. Subject to this, the recovery proceedings shall be kept in abeyance. It is made clear that if the petitioner commits any default in satisfying the liability as above, the respondents will be at liberty to proceed with further steps for realisation of the entire amount in lump sum. It is also made clear that if any amount deposited by the petitioner or the fifth respondent has not been credited, the same shall be considered by the first respondent while passing appropriate orders on Ext.P3 and the due amount shall be given credit. The writ petition is disposed of as above. (P.R. RAMACHANDRA MENON, JUDGE) aks