IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 1ST OCTOBER 2010 / 9TH ASWINA 1932 WP(C).No. 28675 of 2010(H) -------------------------- PETITIONER: ------------------- K.S.SREEKUTTAN,S/O.K.P.APPUKUTTAN, AGED 29 YEARS,RESIDING AT C 386, KULANGARA HOUSE, WEST KADUNGALLOOR.P.O, ALUVA, ERNAKULAM DISTRICT. BY ADVS. SRI.T.MADHU SRI.A.SAIN PAUL SRI.P.R.SHIBU RESPONDENTS: ------------------------ 1. THE DISTRICT COLLECTOR,ERNAKULAM, PIN-682 030. 2. THE DEPUTY TAHSILDAR, REVENUE RECOVERY, NORTH PARAVUR, ERNAKULAM DISTRICT, PIN-683 513. 3. THE VILLAGE OFFICER, KADUNGALLOOR VILLAGE PARAVUR TALUK, ERNAKULAM DISTRICT, PIN-683 101. 4. THE ORIENTAL INSURANCE COMPANY LTD, REPRESENTED BY ITS REGIONAL MANAGER, ERNAKULAM, PIN-682011. R1 TO 3 BY GOVERNMENT PLEADER, SRI.BIJOY CHANDRAN R4 BY ADV. SRI.A.R.GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK C.K. ABDUL REHIM, J ------------------------------ WP(C) NO. 28675 OF 2010 ------------------------------------- Dated this the 1st day of October, 2010 JUDGMENT Petitioner is aggrieved by revenue recovery action initiated pursuant to Exts.P2 and P3 notices. The amount in arrears pertains to liability under Ext.P1 Award of the Motor Accident Claims Tribunal, Ernakulam. In terms of Ext.P1, on the basis of execution application filed by the 4th respondent, the MACT had issued revenue recovery requisition, and Exts.P2 and P3 were issued on that basis. 2. It is evident that an amount of Rs.76,067/- along with interest thereon at the rate of 7.5% was sought to be recovered from the petitioner. It is noticed that coercive steps are initiated against properties belonging to the father of the petitioner. A Writ Petition was filed before this Court by the father on an earlier occasion. Ext.P4 is the judgment in WP(C) 18859/2010, wherein it is declared that the petitioner alone will be liable for payment of amounts sought to be recovered. 2 WP(C) No. 28675/2010 2. The petitioner is not raising any legally tenable contentions worth consideration, against the revenue recovery proceedings. On the other hand what is pleaded is that he is a driver by profession and the default happened only because of his financial inability. It is stated that he is ready and willing to clear the liabilities, if payment allowed in easy instalments. As a gesture of indulgence, when this Writ Petition came up for consideration, this Court directed the petitioner to make payment of a sum of Rs.20,000/-. It is conceded that the said amount has already been paid. Having considered the facts and circumstances, I am of the opinion that some indulgence can be shown in permitting the petitioner to pay off the balance amounts in instalments. 3. Therefore the Writ Petition is disposed of directing the respondents to keep in abeyance all further proceedings pursuant to Exts.P2 and P3, provided the petitioner remits the entire balance amount along with interest if any accruing before the MACT, Ernakulam in 5 3 WP(C) No. 28675/2010 (‘five’) equal monthly instalments, falling due on or before 30.10.2010 and on or before the last day of the succeeding months. 4. It is made clear that on the event of default in payment of any of the instalments the respondents will be free to proceed with further steps pursuant to notices already issued and on any such event, the petitioner will be precluded from raising any subsequent challenge against such proceedings. C.K. ABDUL REHIM JUDGE dnc