IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 10TH MARCH 2011 / 19TH PHALGUNA 1932 WP(C).No. 5723 of 2011(M) ------------------------------------- PETITIONER(S): ---------------------- 1. T. MOHANAN , VANCHIPURAKKAL , ERAMALLOOR P.O., CHERTHALA 2. K.M. VINAYAN, LDC/BC,CORPORATION OF COCHIN ERNAKULAM 3. M.P. GOPALAKRISHNAN, SECOND GRADE OVERSEER KOTTAYAM MUNICIPALITY KOTTAYAM-1 BY ADV. SRI.JOHNSON MANAYANI, SRI.BENHUR JOSEPH MANAYANI. RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP.BY ITS SECRETARY TO SCHEDULED CASTES AND SCHEDULED TRIBES DEVELOPMENT DEPARTMENT, SECRETARIAT, TRIVANDRUM-695 001. 2. MANAGING DIRECTOR, KERALA STATE DEVELOPMENT CORPORATION FOR SCHEDULED CASTES AND SCHEDULED TRIBES GOVERNMENT OF KERALA, TRIVANDRUM-695 001. 3. REGIONAL MANAGER, REGIONAL OFFICE, KSDC FOR SC/ST. ALAPPUZHA BLOCK PANCHAYAT BUILDING, KALARCODE, ALAPPUZHA-688 001. R1 TO R3 BY GOVT. PLEADER MR.BIJOY CHANDRAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/03/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs P.R.RAMACHANDRA MENON, J -------------------------------------- W.P.(C) No.5723 OF 2011 -------------------------------- Dated this the 10th day of March 2011 JUDGMENT The petitioner is before this Court challenging the recovery proceedings by the respondents with regard to the amount stated as due from the petitioner as covered by Ext.P1. 2. The learned counsel for the petitioner submits that the default occurred on the part of the petitioner was never wilful, but, because of some unforeseen circumstances, and that, steps are being pursued to clear the liability at the earliest. 3. Heard the learned Govt. Pleader as well. 4. Considering the facts and circumstances as narrated in the Writ Petition and the submissions made by the learned counsel for the petitioner, the petitioner is permitted to clear the entire outstanding liability by way of 'ten' equal monthly instalments, the first of which shall be made on or before the 31st of this month and the rest, on or before the last working day of the succeeding months. Subject to this, further recovery proceedings shall be kept in abeyance for the time being. It is also made clear that, if any W.P.(C) No.5723/2011 - 2 - default is committed with regard to the satisfaction of the liability as aforesaid, the respondents will be at liberty to proceed with further steps for realisation of the entire amount in a lump. Writ Petition is disposed of. vdv P.R.RAMACHANDRA MENON, JUDGE