IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 28TH JULY 2011 / 6TH SRAVANA 1933 WP(C).No. 9922 of 2010(M) --------------------------------- PETITIONER(S): ------------------- 1. VIPIN.C., S/O.CHELLAPPAN NADAR, AGED 31 YEARS, 5/61 LIJO BHAVAN, R C CHURCH ROAD,MANNARUVILA, IYRA DESAM, CHERUVARAKONAM P.O. KARODU VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. 2. LIJO C, S/O.CHELLAPPAN NADAR, AGED 20 YEARS, 5/61 LIJO BHAVAN, R C CHURCH ROAD, MANNARUVILA, IYRA DESAM, CHERUVARAKONAM P.O. KARODU VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. 3. DAVID RAJ C, S/O.CHELLAPPAN NADAR,AGED 42 YEARS, 5/61 LIJO BHAVAN,R C CHURCH ROAD, MANNARUVILA, IYRA DESAM, CHERUVARAKONAM P.O. KARODU VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.AJITH MURALI RESPONDENT(S): -------------------- 1. THE SECRETARY, REVENUE DEPARTMENT, STATE OF KERALA. 2. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM DISTRICT, STATE OF KERALA. 3. THE SPECIAL DEPUTY TAHSILDAR, REVENUE RECOVERY, KERALA STATE FINANCIAL ENTERPRISES, AKSHAYA SHOPPING COMPLEX, NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT. 4. THE BRANCH MANAGER, KSFE, BALARAMAPURAM BRANCH, THIRUVANANTHAPURAM DISTRICT. R1 TO R3 BY GOVT.PLEADER SRI.C.K.GOVINDAN R4 BY ADV. SRI.M.K.CHANDRAMOHAN DAS, SC, KSFE, LTD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 9922/2010 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE MEDICAL CERTIFICATE ISSUED BY THE DR.GOPAKUMAR, PROFESSOR OF MEDICINE, DR.SOMMERVELL MEMORIAL C.S.I. MEDICAL COLLEGE & HOSPITAL, KARAKONAM. P2: COPY OF THE RELEVANT PAGES OF THE RECEIPT OF THE LOAN, ISSUED BY THE 4TH RESPONDENT. P3: COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT TO THE 1ST PETITIONER. P4: COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE HONOURABLE FINANCE MINISTER OF KERALA. P5: PHOTOGRAPH OF THE 2ND PETITIONER. P6: COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT TO THE 1ST PETITIONER UNDER SECTION 49(2) OF THE KERALA REVENUE RECOVERY ACT, 1968. P7: COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT TO THE 2ND PETITIONER UNDER SECTION 49(2) OF THE KERALA REVENUE RECOVERY ACT, 1968. P8: COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT TO THE 3RD PETITIONER UNDER SECTION 49(2) OF THE KERALA REVENUE RECOVERY ACT, 1968. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs S.SIRI JAGAN, J. ================== W.P.(C).No. 9922 of 2010 ================== Dated this the 28th day of July, 2011 J U D G M E N T The petitioners challenge revenue recovery proceedings initiated by the 4th respondent for recovery of the chitty loan amounts taken by 1st petitioner from the 4th respondent. Petitioners 2 and 3 are the guarantors for the loan. The petitioners do not dispute the liability to pay or the quantum. The petitioners only seek facility to pay off the amounts due in instalments. 2. This is opposed by the learned counsel for the 4th respondent. 3. Taking a lenient view, I dispose of this writ petition with the following directions; The petitioners shall pay the balance amount due in ten equal monthly instalments starting from 1.9.2011. Every subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioners pay the instalments on the due dates without default, coercive proceedings for recovery of the amounts shall be kept in abeyance. However, if the petitioners commit default in payment of any of the instalments, it would be open to the respondents to continue proceedings as now initiated without having to issue any fresh notice or proceedings in that regard. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2