IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 2ND JULY 2010 / 11TH ASHADHA 1932 WP(C).No. 35286 of 2009(E) -------------------------- PETITIONER: --------------- MUSTHAFA INSTITUTE OF MENTALLY HANDICAPPED SPECIAL SCHOOL, EDATHALA, ERNAKULAM DISTRICT REPRESENTED BY ITS SECRETARY, M.ALI. BY ADV. SRI.P.K.IBRAHIM SRI.C.N.GOPAKUMAR RESPONDENTS: --------------- 1. THE DEPUTY TAHSILDAR, REVENUE RECOVERY, ALUVA. 2. THE VILLAGE OFFICER, ALUVA EAST VILLAGE, ALUVA. 3. SAHAL, S/O.HASSAN, EDACHIRAKKAL PUTHENPURAKKAL HOUSE, EDATHALA NORTH P.O., ALUVA, REPRESENTED BY HIS MOTHER LAILA. 4. NAJEEB, S/O.MUHAMMED ALI, PAZHAYIDATH HOUSE, EDATHALA NORTH P.O., ALUVA. BY SRI.GOVT. PLEADER SRI.MATHEW GEORGE VADAKKEL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No.35286 of 2009-E ---------------------------- Dated this the 2nd day of July, 2010. J U D G M E N T The petitioner school is having a Van bearing No.KRO-1376, which involved in a road accident causing injuries to two persons, leading to O.P(MV) No.1894 of 2003 and 2359 of 2003 before the Motor Accidents Claims Tribunal, Perumbavoor. On conclusion of the trial, an Award was passed by the Tribunal granting compensation of Rs.40,770/- and Rs.22320/- respectively with interest as specified. Based on the said Award, requisition was made, leading to initiation of coercive proceedings under the Kerala Revenue Recovery Act, which is under challenge in this Writ Petition. 2. When the matter came up for consideration before this Court on 10.12.2009, the matter was admitted, granting interim stay, on condition that the petitioner deposited a sum of Rs.15,000/-, which is stated as complied with. In spite of the completion of service of notice to 3rd and 4th respondents, there is no appearance for the said parties. 3. The learned counsel for the petitioner submits that, the W.P(C) No.35286 of 2009-E 2 only relief now pressed before this Court is to enable the petitioner to clear the liability in a phased manner. 4. Considering the facts and circumstances including that the petitioner is a school established for mentally retarded persons and that it is being run mainly on Government grants and public contributions, this Court finds that the petitioner could be permitted to clear the liability by way of reasonable instalments. Accordingly, the petitioner is permitted to clear the balance amount due under Exts.P1(a) and P1(b) by way of 'four' equal monthly instalments; the first of which shall be effected on or before the 30th of this month; to be followed by similar instalments to be effected on or before the 30th of the succeeding months. Subject to this, all further coercive steps being pursued against the petitioner shall be kept in abeyance. It is made clear that, if any default is committed in satisfying the due amount as above, it will be open to the respondents, to proceed with appropriate steps in accordance with law for realisation of the entire amount in a lump sum. The Writ Petition is disposed of. P.R.RAMACHANDRA MENON, JUDGE ab