IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 21ST JANUARY 2008 / 1ST MAGHA 1929 WP(C).No. 2393 of 2008(I) ------------------------- PETITIONER: --------------------- C.P.ABDULLA, AGED 57 YEARS, JANNATH HOUSE, MEPPAYUR P.O., KOYILANDY TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.SUNIL V.MOHAMMED RESPONDENTS: ------------------------ THE SPECIAL DEPUTY TAHSILDAR (REVENUE RECOVERY), KERALA STATE FINANCIAL ENTERPRISES LTD., KALLAI ROAD, KOZHIKODE-673 002. BY ADV.SRI.M.L.SAJEEV - STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- W.P.(C).No.2393 of 2008 ------------------------- Dated this the 21st day of January, 2008. JUDGMENT The petitioner is a defaulter in repayment of a chitty loan availed from the Kerala State Financial Enterprises. The writ petition is essentially seeking permission to pay the amount due to the Kerala State Financial Enterprises in instalments. As per Ext.P1, the total amount due is Rs.2,25,524/- plus 12% interest with effect from 30.3.2003, 10.2.2003 and 11.2.2002. Ext.P1 is a notice issued under Section 49 of the Revenue Recovery Act proposing a sale of the property. The sale is proposed to be held on 14.2.2008. 2. I heard learned counsel for the petitioner. Normally, an instalment facility could be extended to the petitioner. But, in this case, I find that the petitioner had approached this court with W.P.(C) No.35304/04. The following directions were issued by this court: W.P.(C).NO.2393/08 :: 2 :: “Having considered the submission and after perusing the judgment Ext.P9 and all other relevant matters, there will be a direction that if the petitioner pays an amount of rupees four lakhs at the rate of Rs.25,000/- (Rupees Twenty five thousand) in sixteen monthly instalments, the K.S.F.E shall consider waiver of penal interest and intimate the petitioner regarding the balance, if any, to be paid by him, which amount shall be remitted by the petitioner within one month after receipt of the intimation. The first instalment shall fall due on 6th January, 2005 and thereafter on the 6th of the every succeeding months. In case any default is committed, the petitioner shall lose the benefit of this judgment, whereupon it will be open to the respondents to proceed for recovery in accordance with law.” 3. Admittedly, petitioner did not comply with the schedule of payment, as permitted by this court earlier. Learned counsel for the petitioner submits that this was because the petitioner suffered a major heart attack in 2005, thereby disabling him from making such payment. Taking note of these aspects, the writ petition is disposed of directing that further W.P.(C).NO.2393/08 :: 3 :: proceedings pursuant to Ext.P1 shall be kept in abeyance for a period of three months from today, provided the petitioner pays the balance amount due to the Kerala State Financial Enterprises on or before 31.3.2008. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge