IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 21ST JULY 2011 / 30TH ASHADHA 1933 WP(C).No. 6353 of 2010(T) -------------------------------------- PETITIONER(S): ------------------------ 1. SALAHUDEEN.A,S/O.ABDUL RAHMAN, DARVSALAM, VETTIYARA P.O,NAVAYIKULAM, THIRUVANANTHAPURAM. 2. BINU.P.S,BALAKRISHNA PILLAI,MOTHER LAND KALAKODE P.O,PARAVOOR. 3. ADARSH.H,S/O.HARIDASAN,THOTTATHIL VEEDU, AMBALAKARA P.O,VALAKAM, KOLLAM. 4. SHAJU.R, S/O.SAHADEVAN, USHAS, KARINGANOOR.P.O, KOLLAM. BY ADV. SRI.PRATHEESH.P RESPONDENT(S): -------------------------- 1. DISTRICT COLLECTOR, KOLLAM. 2. SUB TREASURY OFFICE, KUNDARA. 3. MANAGER, K.S.F.E, PARIPPALLY. 4. SAJEEV.T, AGRICULTURAL OFFICER, KRISHIBHAVAN, PANAYAM, KOLLAM, RESIDING AT EYALLOORKONOTHU PUTHEN VEEDU, KUDAVATTOOR P.O, KOTTARAKKARA. R1 & R2 BY SR GOVERNMENT PLEADER SRI.C.K.GOVINDAN R3 BY ADV. SRI.ASOK M.CHERIYAN, SC, K.S.F.E. LTD. R4 BY ADV. SRI.S.SANTHOSH KUMAR SMT.P.LISSY JOSE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/07/2011,ALONG WITH WPC NO. 33160 OF 2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.6353/2010 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE RECOVERY NOTICE ISSUED BY THE 3RD RESPONDENT TO THE SURETIES REGARDING CHITTY NO.31/06 DATED 01/2/2010. P1(A) COPY OF THE RECOVERY NOTICE ISSUED BY THE 3RD RESPONDENT TO THE SURETIES REGARDING CHITTY NO.5/05 DATED 28/10/2009. P1(B) COPY OF THE RECOVERY NOTICE ISSUED BY THE 3RD RESPONDENT TO THE SURETIES REGARDING CHITTY NO.17/06 DATED 24/9/2009. P1(C) COPY OF THE RECOVERY NOTICE ISSUED BY THE 3RD RESPONDENT TO THE SURETIES REGARDING CHITTY NO.1/02 DATED 2/11/2009. RESPONDENT'S EXHIBITS: R4(A) COPY OF THE ORDER DATED 13/7/2010 IN WPC .NO.6353/2010. R4(B) COPY OF THE BILL DATED 5/9/2010 ALONG WITH OBJECTION OF THE 6TH RESPONDENT. /TRUE COPY/ P.A.TO.JUDGE sts S.SIRI JAGAN, J. ================== W.P.(C).Nos.6353 & 33160 of 2010 ================== Dated this the 21st day of July, 2011 J U D G M E N T These two writ petitions are filed by a principal-debtor and sureties in chitty transactions with the Kerala State Financial Enterprises challenging recovery proceedings for recovery of chitty instalments. They now seek facility to pay off the amounts outstanding in instalments. 2. This is opposed by the learned standing counsel for the KSFE. 3. Taking a lenient view, I dispose of these writ petitions with the following directions: The petitioners in the writ petitions shall see that the balance outstanding amounts due from the petitioner in W.P.(C).No. 33160/2010 towards payment of chitty instalments are paid in eight equal monthly instalments starting from 1.8.2011. Every subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioners pay the instalments on the due dates without default, coercive proceedings for recovery of the amounts shall be kept in abeyance. However, if the petitioners commit default in payment of any of the instalments, it would be open to the respondents to continue proceedings as now initiated without having to issue any fresh notice or proceedings in that regard. Interlocutory applications stand closed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge