IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 16TH SEPTEMBER 2011 / 25TH BHADRA 1933 WP(C).No. 24766 of 2011(U) -------------------------- PETITIONER(S): --------------- P.S.NOORJAHAN, PROPRITOR, M/S ASHIK WOOD INDUSTRIES, POOVARANI P.O., PALA, PIN 686 577 RESIDING AT PULIPARAMBIL, NADACKAL P.O., ERATTUPETTA, PIN 686 124 BY ADV. SRI.REJI GEORGE SRI.S.K.MOHAMED SAJEER SMT.MANJU RAJAN RESPONDENT(S): --------------- 1. A.R.SUDHEERAN, S/O RAGHAVAN, NADUVEETTIL HOUSE, VILAKKUMADOM POOVARANI.P.O., PALA, PIN 686 557 2. THE COMMISSIONER FOR WORKMEN'S COMPENSATION (Dy. LABOUR COMMISSIONER) VELLAPPALLY LANE, K.K.ROAD, KOTTAYAM, PIN 686 001 3. THE DEPUTY TAHSILDAR, REVENUE RECOVERY OFFICE, PALAI PIN 686 575 SR GP SRI. MATHEW GEORGE VADAKKEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 24766 of 2011 APPENDIX EXHIBITS EXT.P1- A TRUE COPY OF NOTICE NO.A.138/04 (WCC.10/98) DATED 20.7.09 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER EXT.P2- A TRUE COPY OF NOTICE NO.B5/2741/10 DATED 14.3.11 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER UNDER SECTION 7 OF THE REVENUE RECOVERY ACT EXT.P3- A TRUE COPY OF NOTICE NO.B5/2741/10 DATED 14.3.11 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER UNDER SECTION 34 OF THE REVENUE RECOVERY ACT. (TRUE COPY) P.A. TO JUDGE K.SURENDRA MOHAN, J ....................................................... W.P.(C).24766/2011 .............................................. Dated this the 16th day of September, 2011 JUDGMENT 1.When this writ petition came up for admission, the learned counsel for the petitioner submitted that the petitioner was ready to pay the entire amount demanded in Ext.P3, provided she is permitted to pay the same in monthly instalments. According to the counsel, the petitioner is not in a position to pay the entire amount in a lump, due to financial difficulties. 2.Heard the learned Government Pleader also. 3.In the facts and circumstances of the case, I am of the view that the petitioner can be permitted to pay the amount demanded in Ext.P3, in five equal monthly instalments. 4.The writ petition is accordingly disposed of directing the petitioner to pay the entire amount demanded in Ext.P3 in five equal monthly instalments, the first instalment to be paid on 5.10.2011, with the subsequent monthly instalments to be paid on the 5th of each succeeding month thereafter. In the W.P.(C).24766/11 2 meantime, all further action for recovery of the amount as per Ext.P3 shall be kept in abeyance. It is made clear that in the event of the petitioner committing default of payment of any of the instalments, the benefit granted by this judgment shall be forfeited. K.SURENDRA MOHAN, Judge mrcs