IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 9TH DECEMBER 2010 / 18TH AGRAHAYANA 1932 WP(C).No. 33512 of 2010(L) -------------------------------------- PETITIONER: ------------------- RENUKA BHAI PILLAI, W/O.P.SURESH KUMAR, SOORAJ BHAVANAM, MALIBHAGAM MURI, CHAVARA SOUTH, KARUNAGAPPALLY. BY ADVS. SRI.R.SUNIL KUMAR, SMT.A.SALINI LAL. RESPONDENTS: ------------------------ 1. THE CHAIRMAN & MANAGING DIRECTOR, HEAD OFFICE, K.S.F.E., THRISSUR. 2. THE BRANCH MANAGER, K.S.F.E. LTD., VADAKKEMURY BUILDINGS, EZHUKONE-691 505, KOLLAM. R1 & R2 BY ADV. SRI.M.L.SAJEEVAN, S.C, K.S.F.E. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/12/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.33512 of 2010 ------------------------------------------- Dated this the 9th day of December, 2010 J U D G M E N T ---------------------- Challenge in this writ petition is against revenue recovery steps initiated pursuant to Ext.P1 notice. The amount sought to be realised pertains to arrears dues to the respondents in a chitty transaction as well as a loan transaction which were availed by the petitioner. Eventhough various contentions are raised, I do not find any legal ground to interfere with the recovery steps since the petitioner could not successfully prove that he is not liable for payment of the amounts under demand. 2. However, learned counsel for the petitioner submitted that he is ready and willing to pay off the entire liability, provided the respondents furnish the correct statement of accounts regarding the balance due. 3. When the writ petition came up for consideration, this court granted an interim stay with respect to further proceedings, subject to condition of the petitioner remitting W.P.(C).33512/10-L -2- a sum of Rs.15,000/-. It is reported that the amount has already been remitted. Under the above circumstances, eventhough interference on merits is not desirable, I am inclined to permit the petitioner to pay off the entire balance due in instalments within a reasonable time. 4. Accordingly the writ petition is disposed of directing the respondents to keep in abeyance further coercive steps of recovery, provided the petitioner remits the entire balance along with interest and expenses in 4 (four) equal monthly instalments falling due on or before 31.12.2010 and on or before the last day of the succeeding months. 5. It is made clear that the petitioner is at liberty to approach the respondents seeking clarification with respect to correctness of the amount outstanding and if any such approach is made, the respondents shall issue copies of statement of accounts. If there is any genuine mistake, the same shall be corrected. 6. It is further made clear that on failure to pay any of the amounts as stipulated above, the respondents will be free to proceed with further coercive steps and in such case the petitioner will be precluded from raising any subsequent challenge. W.P.(C).33512/10-L -3- 7. The directions contained in this judgment will not stand in the way of the petitioner approaching the respondents seeking 'One Time Settlement' under any specific scheme, if available, and it will not stand in the way of the respondents considering such settlement. C.K.ABDUL REHIM, JUDGE. okb