IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 3RD FEBRUARY 2011 / 14TH MAGHA 1932 WP(C).No. 33945 of 2010(P) -------------------------- PETITIONER(S): --------------- BABURAJ, AGED 40, S/O.KOMALAVALLI, AKKARAKKAV HOUSE, MATHUR AGRAHARAM P.O., PALAKKAD. BY ADV. SRI.RAJESH VIJAYAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY THE DISTRICT COLLECTOR, PALAKKAD - 678 001. 2. THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, PALAKKAD - 678 001. 3. DY.TAHSILDAR, REVENUE RECOVERY, ALATHUR - 678 541.. BY GOVT. PLEADER SRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE DEATH CERTIFICATE EXT.P2: COPY OF FORM -10 ISSUED UNDER SECTION 34 OF THE KERALA REVENUE RECOVERY ACT EXT.P3: COPY OF NOTICE IN FORM -I UNDER SECTION 7 OF THE REVENUE RECOVERY ACT EXT.P4: COPY OF THE REPRESENTATION DTD.16.8.2010 RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A TO JUDGE ab C.K.ABDUL REHIM, J --------------------------------------- W.P(C) No.33945 of 2010-P ---------------------------------------- Dated this the 3rd day of February, 2011. J U D G M E N T Challenge is against the revenue recovery steps initiated pursuant to Exts.P2 and P3 notices. The amount sought to be recovered pertains to margin money loan availed by the deceased mother of the petitioner from respondents 1 and 2, for starting a Hollow Bricks manufacturing unit, during the year 1996. Eventhough various contentions are raised denying the liability, I find no merit to uphold that the petitioner is not liable. 2. However, by virtue of an interim order issued by this Court on 10.11.2010, further proceedings of recovery was stayed subject to condition of the petitioner remitting a sum of Rs.15,000/-. It is stated that the stipulation has already been complied with. 3. Learned counsel appearing for the petitioner makes an appeal to this Court to permit payment of the balance amount in instalments, within a reasonable time. W.P(C) No.33945 of 2010-P 2 He makes a further plea for a direction to the respondents to consider waiver of interest, penal interest and other charges, to the possible extent, on the basis that the State Government had declared a special scheme for 'one time settlement' of the margin money loans availed from the Industries Department. 4. Considering the limited prayer, I am of the view that the respondents can be restrained from proceeding with the recovery steps provided the petitioner pays the balance amount in a phased manner, within a reasonable time. It is also felt that the petitioner can be given liberty to avail benefit of 'one time settlement scheme', if any in force. 5. In the result, the writ petition is disposed of directing the respondents to keep in abeyance all further coercive steps of recovery initiated pursuant to Exts.P2 and P3, provided the petitioner remits the entire balance along with interest and expenses if any due in 6 (six) equal monthly instalments falling due on or before 28.2.2011 and on or before the last day of the succeeding months. W.P(C) No.33945 of 2010-P 3 6. It is also made clear that, the petitioner will be at liberty to approach the appropriate authority seeking benefit under the 'one time settlement scheme' if available and if any such approach is made the same shall be considered, despite the directions issued herein above. Sd/- C.K.ABDUL REHIM JUDGE //True Copy// P.A to Judge ab W.P(C) No.33945 of 2010-P 4