IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 23RD MARCH 2009 / 2ND CHAITHRA 1931 WP(C).No. 26904 of 2008(C) ------------------------------------------------ PETITIONER(S): ---------------------- C.P.LAKSHMANAN, S/O. RAMAN, POOVALLIYIL HOUSE,EDAKKAD, KANNUR. BY ADV. SRI.B.V.JOY SANKER RESPONDENT(S): ------------------------ 1. THE REGIONAL MANAGER, KERALA STATE DEVELOPMENT CORPORATION SC AND ST, KANNUR. 2. THE TAHSILDAR, (REVENUE RECOVERY), KANNUR. 3. THE DISTRICT COLLECTOR, KANNUR. 4. C.P.PRAKASHAN, EDAKKAD P.O., KANNUR. 5. THE ASSISTANT EDUCATIONAL OFFICER, THALASSERY SOUTH, THALASSERY. R1 BY ADV. SHRI M.K. CHANDRAMOHAN DAS, SC. R2, R3 & R5 BY GOVERNMENT PLEADER SRI. BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 26904 OF 2008 C -------------------------------------- Dated this the 23rd March, 2009 JUDGMENT Petitioner stood as guarantor. He challenges Exts.P1 to P3. They are recovery proceedings under the Revenue Recovery Act. 2. I heard the learned counsel for the petitioner, learned standing counsel and the learned Government Pleader. Of course, the petitioner has raised a contention of limitation. Then, the learned counsel for the petitioner submits that the petitioner may be permitted to pay off the entire amount in fifteen instalments. After having heard the learned counsel appearing for the parties, I feel that the petitioner can be permitted to pay off the entire amount in instalments. Also, it is pointed out that the matter relating to the benefit of OTS is pending consideration before the Government and if the Government decides the issue in favour of the petitioner, such benefits may not be ruled out. WPC.26904/08 C 2 The Writ Petition is disposed of directing that the recovery proceedings will be kept in abeyance on condition that the petitioner pays off the entire amount with due interest in twelve equal monthly instalments, the first of which shall be payable on or before 15.4.2009 and the remaining instalments on or before the 15th of every succeeding month. The first respondent will serve a Statement on the petitioner showing the exact amount of instalments to be paid by the petitioner, within ten days from today. If the petitioner does not remit any of the instalments, he will lose the benefit of this Judgment and it will be open to the respondents to proceed with the recovery. I further make it clear that this will not stand in the way of the petitioner getting any benefit which the Government may decide in the matter of grant of OTS in the meantime. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge