IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 22ND JULY 2010 / 31ST ASHADHA 1932 WP(C).No. 14646 of 2010(E) ------------------------------------- PETITIONER(S): ---------------------- N.ANILKUMAR, AGED 35 YEARS, S/O. NEELAKANTAN NAIR, TC 42/426, THAVALODE NAGAR, MUTTATHARA VILLAGE, SREEVARAHAM, MANACAUD P.O., THIRUVANANTHAPURAM-695 008. BY ADV. SRI.R.MANOJ RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, MINISTRY OF REVENUE, STATE SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 3. THE DEPUTY COLLECTOR (REVENUE RECOVERY), DISTRICT COLLECTORATE, THIRUVANANTHAPURAM. 4. THE TAHSILDAR (RR), THIRUVANANTHAPURAM. 5. THE MANAGER, BANK OF INDIA, ST.MARY'S CHURCH COMPLEX, UNIVERSITY P.O., THIRUVANANTHAPURAM-695 034. R5 BY ADV. SRI.P.BALAKRISHNAN FOR R5 SRI.N.SASI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 14646/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE NOTICE ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT DTD. 18.1.2010. P2:- COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DTD. 5.2.2010. P3:- COPY OF THE ORDER DTD. 19.2.2010. P4:- COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT BY REGISTERED POST. P5:- COPY OF THE RECEIPTS DTD. 2.6.2010. RESPONDENT'S EXHIBITS R5(a):- REQUIWITION GIVEN BY THE 5TH RESPONDENT TO THE REVENUE AUTHORITIES. R5(b):- CERTIFIED STATEMENT OPF ACCOUNT. TRUE COPY P.. TO JUDGE tss P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No. 14646 of 2010-E ---------------------------- Dated this the 22nd day of July, 2010. J U D G M E N T The petitioner is challenging the revenue recovery proceedings being pursued at the instance of the fifth respondent Bank, invoking the machinery under the Revenue Recovery Act. 2. The case of the petitioner is that, the liability is barred by limitation and as such, no recourse can be made under the Revenue Recovery Act to realise the amount due. Reliance is also placed on the decision rendered by the Apex Court in State of Kerala V. Kalliyanikutty (1999 (2) KLT 146). 3. When the matter came up for consideration before this Court on 11.5.2010, coercive steps were intercepted on condition that the petitioner deposited a sum of Rs.50,000/-, out of which only a part payment is stated as effected. The fifth respondent Bank has filed a counter affidavit seeking to rebut the averments and allegations raised in the Writ Petition, also producing a certified copy of the statement of accounts, as Ext.R5(b). During the course of hearing, the learned counsel for the petitioner, with reference to the copies of the demand drafts produced and marked as Ext.P5 series, effecting the part payment of the due amount (produced along with W.P(C) No. 14646 of 2010-E 2 I.A.No.10164 of 2010) submits that, the petitioner does not intend to press any of the grounds raised in the Writ Petition, challenging the steps taken by the Bank and that the only prayer now pressed before this Court is to permit the petitioner to clear the entire liability by way of 'five' equal monthly instalments. 4. After hearing both the sides, this Court finds that the petitioner can be given one more opportunity to discharge the liability in a phased manner. Accordingly, the petitioner is directed to clear the liability by way of 'five' equal monthly instalments; the first of which shall be effected on or before the 20th of August, 2010; to be followed by similar instalments to be effected on or before the 20th of the succeeding months. Subject to the above, all further coercive proceedings shall be kept in abeyance for the time being. It is made clear that, if any default is committed by the petitioner in satisfying the due amount as above, it will be open to the Bank, to proceed with appropriate steps for realisation of the entire amount in a lump sum. The Writ Petition is disposed of. Sd/- P.R.RAMACHANDRA MENON JUDGE ab //True Copy//