IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 W.A.No.1902 of 2008 ----------------------------------- AGAINST THE JUDGEMENT IN WPC.25513/2008 DATED 25/08/2008 .................... APPELLANTS/PETITIONER & ANOTHER:- ---------------------------------------------------------- 1. K.K.KAMALAMMA, W/O.LATE K.N.SUKUMARAKURUP, KARANCHERY MADATHIL, CHERUKOLE VILLAGE, RANNY, PATHANAMTHITTA. 2. K.S.RAVINDRAN NAIR. S/O. LATE K.N.SUKUMARA KURUP, KARANCHERY MADATHIL, CHERUKOLE VILLAGE, RANNY, PATHANAMTHITTA. (REPRESENTED BY HIS BROTHER AND POWER OF ATTORNEY HOLDER SHRI K.S.RAJAN, RESIDING AT KARANCHERY MADATHIL, CHERUKOLE VILLAGE, RANNY, PATHANAMTHITTA. BY ADV. SRI.M.V.S.NAMBOOTHIRY. RESPONDENTS/RESPONDENTS:- ------------------------------------------------ 1. STATE OF KERALA, REP. BY SECRETARY, DEPARTMENT OF INDUSTRIES, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA KHADI & VILLAGE INDUSTRIES BOARD, VANCHIYOOR, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, 3. THE SECRETARY, KERALA KHADI & VILLAGE INDUSTRIES BOARD, VANCHIYOOR, THIRUVANANTHAPURAM. 4. TAHSILDAR, RANNY. W.A.NO.1902 OF 2008 - 2 - 5. VILLAGE OFFICER, CHERUKOLE, PATHANAMTHITTA. 6. DISTRICT COLLECTOR, PATHANAMTHITTA. R1 & R4 TO R6 BY SENIOR GOVERNMENT PLEADER SMT.K.MEERA. R2 & R3 BY STANDING COUNSEL SRI.K.P.HARISH THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 23/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.Dattu,C.J. & A.K.Basheer, J. ------------------------------------------- W.A.No.1902 of 2008 & I.A.No.880 of 2008 -------------------------------------------- Dated, this the 23rd October, 2008 JUDGMENT H.L.Dattu,C.J. Leave granted to the 2nd appellant to prosecute the appeal. (2) This appeal is directed against the orders passed by the learned Single Judge in W.P.(C).No.25513 of 2008, dated 25.08.2008. (3) While disposing of the writ petition, the learned Single Judge has directed the petitioner to initially deposit a sum of Rupees Five Lakhs on or before 26.08.2008 and for the payment of balance amount, has granted five equal monthly instalments. (4) Sri.M.V.S.Nampoothiry, learned counsel appearing for the appellants, would submit, that, the appellant has already deposited a sum of Rs.5,00,000/- within the time granted by this court and in view of the financial constraints the appellant is facing, he may be granted eight instalments instead of five instalments as ordered by the learned Judge to settle the entire dues of the Bank. (5) In our view, if the request made by the learned counsel is granted, it will not seriously prejudice the respondents. W.A.No.1902 of 2008 - 2 - (6) Therefore, while disposing of this Writ Appeal, we permit the appellants to pay the balance amount in eight equal monthly instalments, commencing from 10.11.2008. If, for any reason, the appellants commit any default, respondent No.2 is at liberty to initiate appropriate proceedings to recover the entire dues, in lumpsum, from the appellants, without reference to this Court. Ordered accordingly. H.L.Dattu Chief Justice A.K.Basheer Judge vku/dk