IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 7TH MARCH 2011 / 16TH PHALGUNA 1932 WP(C).No. 4980 of 2011(V) ------------------------- PETITIONER:- ------------------ M.R.SHENOY, ELECTRO HOUSE, PANCHAMI PLAZA, MAIN ROAD, UPPALA, KASARAGODE. BY ADV. SRI.T.R.TARIN RESPONDENTS:- ---------------------- 1. VYSALI KURIES AND INVESTMENTS(P) LTD., REP. BY OFFICIAL LIQUIDATOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE TAHSILDAR, UPPALA VILLAGE, KASARAGODE. R1 BY OFFICIAL LIQUIDATOR SRI.K.MONI R2 BY GOVT.PLEADER SRI.BIJOY CHANDRAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J. = = = = = = = = = = = = WP(C).No.4980 of 2011-V. = = = = = = = = = = = = Dated this the 7th March, 2011. J U D G M E N T Exts.P2 and P3 notices issued under Section 7 and 34 of the Kerala Revenue Recovery Act is under challenge in this writ petition. The amounts sought to be recovered pertains to dues to the first respondent which was settled through Judgment of this Court in a company claim. It is evident that the petitioner has not chosen to challenge the decree in the company claim by resorting to appropriate remedies as provided under the Companies Act. Therefore, the petitioner could not raise any successful challenge against the demand now raised. 2. Confronted with the above situation learned counsel for the petitioner submits that the petitioner has ready and willing to pay off the entire amount in demand provided sufficient time is given to pay off the liability in a WP(C).No.4980 of 2011-V. 2 phased manner. 3. Heard; Sri.K.Moni, Standing Counsel appearing for the first respondent. Even though interference on merit is not justified in writ petition, I am of the view that the petitioner can be permitted to pay off the entire liability within a reasonable time. According, the writ petition is disposed of directing the respondents to keep in abeyance all recovery steps initiated on the basis of Exts.P2 and P3 provided the petitioner remits the entire amount in demand along with interest and other charges if any in 6 (six) equal monthly instalments falling due on or before 31.3.2011 and on or before the last day of every succeeding months. 4. It is made clear that on the event of default in payment of any one of the instalments as stipulated above, the respondents will be free to proceed with further steps pursuant to the notices already issued. It is also made clear that the above relief is granted subject to condition WP(C).No.4980 of 2011-V. 3 that the petitioner is precluded from raising any subsequent challenges against the proceedings. C.K.ABDUL REHIM, (Judge) Kvs/-