IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 17TH MAY 2010 / 27TH VAISAKHA 1932 WP(C).No. 4247 of 2010(E) ------------------------- PETITIONER: --------------- MARTIN K.J. S/O. JOSEPH K.G., KANAPILLY HOUSE, MUPATHADAM P.O., ALUVA,KADUNGALLOOR,ERNAKULAM DISTRICT. BY ADV. SRI.R.DIVAKARAN SRI.VINUCHAND RESPONDENTS: --------------- 1. THE KERALA STATE FINANCIAL ENTERPRISES LTD., CORPORATE OFFICE, BHADRADA,THRISSUR - 20, REPRESENTED BY IS CHAIRMAN. 2. THE MANAGER, THE KERALA STATE FINANCIAL ENTERPIRSES LTD., ERNAKULAM BRANCH. 3. THE SPECIAL DEPUTY TAHSILDAR (RR) KSFE, ERNAKULAM. 4. THE ASSISTANT GENERAL MANAGER (RECOVERY) THE KERALA STATE FINANCIAL ENTERPIRSES LTD., CORPORATE OFFICE, BHADRADA, THRISSUR - 20. 5. THE DISTRICT COLLECTOR ERNAKUALAM, KAKKANADU, ERNAKULAM DISTRICT. BY GOVT. PLEADER SRI.BIJOY CHANDRAN ADV. SRI.M.K.CHANDRAMOHAN DAS, SC, KSFE, LTD FOR R1,2&4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No.4247 of 2010-E ---------------------------- Dated this the 17th day of May, 2010. J U D G M E N T The petitioner had availed a loan of Rs.5 lakhs from the second respondent under a 'chitty' transaction. But the petitioner could not satisfy repayment of the due amount on time, which made the respondents to proceed with further steps invoking the machinery under the Revenue Recovery Act, which forms the subject matter of challenge in this Writ Petition. 2. The learned standing counsel appearing for the first respondent, with reference to the statement filed before this Court, submits that Ext.P1 itself was passed pursuant to the representation preferred from the part of the petitioner for extending the necessary reliefs. True, Ext.P2 preferred by the petitioner was on 8.2.2010, which is subsequent to Ext.P1 dated 1.2.2010. But even before that the petitioner had filed a petition before the Chairman; pursuant to which, a letter was issued to the petitioner on 5.1.2010 and it was after considering the request made by the petitioner (notwithstanding the chronic default on his side), the petitioner was W.P(C) No.4247 of 2010-E 2 permitted vide Ext.P1, to remit ¼ of the dues before the auction scheduled on 9.2.2010 and to make assurance before the third respondent to pay balance amount within a reasonable time limit to avoid further coercive steps. The learned standing counsel also submits that the total liability as on 10.2.2010 is Rs.6,30,911/-. Despite the benefit of breathing time extended to the petitioner as borne by Ext.P1, the petitioner did not choose to effect the payment as specified. It is also pointed in the statement dated 17.2.2010 that the sale scheduled on 9.2.2010 has been put off; simultaneously adding that nothing remains to be considered at the hands of the respondents in so far as the transaction and the liability are not under challenge. 3. However, taking note of the particular facts and circumstances, this Court finds it fit and proper to permit the petitioner to clear the liability in a phased manner. Accordingly, the petitioner is directed to deposit a sum of Rs.2 lakhs within one month and the balance amount shall be cleared by way of 'three' equal monthly instalments; the first of which shall be effected on or before the 10th of July, 2010; to be followed by similar instalments to be effected on or before the 10th of the succeeding months. W.P(C) No.4247 of 2010-E 3 Subject to this, all further coercive proceedings shall be kept in abeyance for the time being. It is also made clear that, if any default is committed by the petitioner in satisfying the due amount as above, it will open to the respondents, to proceed with appropriate steps for realisation of the entire amount in a lump sum. If any deposit has already made by the petitioner, the same shall stand credited to his outstanding liability and a proper statement of account shall be given to the petitioner forthwith. The Writ Petition is disposed of. P.R.RAMACHANDRA MENON JUDGE ab