IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 28TH JANUARY 2009 / 8TH MAGHA 1930 WP(C).No. 2774 of 2009(E) ------------------------- PETITIONER(S): --------------------- REJITHA SABU, W/O.SABU, KUDIYIRICKAL HOUSE, NEENDAPARA P.O., NOW RESIDING AT MARADY, MOVATTUPUZHA. BY ADV. SRI.RAJEEV.K.S RESPONDENT(S): ----------------------- 1. DISTRICT COLLECTOR, ERNAKULAM. 2. DEPUTY TAHSILDAR (RR), MUVATTUPUZHA. 3. BANK MANAGER, BANK OF INDIA MUVATTUPUZHA (SECURED CREDITOR) R1 & R2 BY GOVT. PLEADER SRI. BEJOY CHANDRAN. R3 BY SC SRI. C.A. JOY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No. 2774 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of January, 2009 JUDGMENT Petitioner challenges Exts.P1 and P2. The allegation raised is that Exts.P1 and P2 are illegal and there has to be notice under Section 13 of the SARFAESI Act. I notice that Exts.P1 and P2 are issued under the Revenue Recovery Act and not under the SARFAESI Act. It is pointed out by the learned counsel for the petitioner that the petitioner is the wife of a Conductor and she seeks sometime to pay the amount. 2. I heard learned counsel appearing for the third respondent and also the learned Government Pleader. 3. I feel that the petitioner can be permitted to pay off the amount in eight monthly instalments. The first instalment shall consist of Rs.30,000/-. The writ petition is disposed of as follows: Proceedings pursuant to Exts.P1 and P2 will be kept in abeyance if the petitioner pays off the amount in eight monthly instalments. The first instalment consists of Rs.30,000/- will be paid on or before 20.2.2009. The third respondent will serve a statement on the petitioner showing the exact amount with further interest to be paid and also showing WPC.2774/2009. 2 the exact amount of instalment to be paid in terms of this judgment within two weeks from today. The further instalments are to be paid on or before the 20th of the succeeding months. If the petitioner does not pay any single intalment, the petitioner will lose the benefit of this judgment and the respondents are free to proceed against the petitioner in accordance with law. It is also made clear that the petitioner need not pay the collection charges. (K.M. JOSEPH, JUDGE) sb