IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 31ST MARCH 2010 / 10TH CHAITHRA 1932 WP(C).No. 10799 of 2010(Y) -------------------------- PETITIONER(S): --------------- 1. T.M.MATHEW, THURUTHIKKARA, THALAYOLAPARAMBU P.O., KOTTAYAM DISTRICT. 2. LISSY MATHEW, W/O.T.M.MATHEW, THURUTHIKKARA, THALAYOLAPARAMBU P.O., KOTTAYAM DISTRICT. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S): --------------- 1. KERALA STATE FINANCIAL ENTERPRISES, REPRESENTED BY ITS BRANCH MANAGER, THALAYOLAPARAMBU, KOTTAYAM. 2. SPECIAL TAHSILDAR (REVENUE RECOVERY), KERALA STATE FINANCIAL ENTERPRISES, K.O.VARGHESE MEMORIAL BUILDING, BAKER JUNCTION, KOTTAYAM-686 001. ADV. SRI.T.NAVEEN, SC, K.S.F.E. LTD. FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J. ------------------------ W.P.(C)No.10799 OF 2010 ------------------------ Dated this the 31st day of March, 2010 JUDGMENT The case of the petitioners is that the petitioners be permitted to clear the entire outstanding liability in the manner as specified in Exts.P1 and P2 whereby the petitioners were permitted to clear the dues by way of instalments. There was some default on the part of the petitioners, as a result of which further proceeding are being pursued by the respondents under the Revenue Recovery Act, which forms the subject matter of challenge in this writ petition. 2. The learned standing counsel for the first respondent submits that if the petitioners are ready and willing to clear the defaulted instalments, as stipulated in Exts.P1 and P2, the matter can be reconsidered and the petitioners can be permitted to avail the benefit to satisfy the due amounts in the manner as suggested therein. 3. The learned counsel for the petitioners submits that the entire defaulted instalments under Exts.P1 and P2 will be satisfied within the shortest possible time. Accordingly, the WPC No..10799/2010 -2- petitioners are directed to clear the entire defaulted instalments under Exts.P1 and P2 within three weeks, of which event, the petitioners will continue to have the benefit of Exts.P1 and P2 to clear the outstanding liability in a phased manner as provided therein. Subject to this, Ext.P4 notice under the R.R.Act shall be kept in abeyance, for the time being. It is also made clear that, if any default is made by the petitioners in clearing the liability as above, the respondents will be at liberty to proceed with further steps for realisation of the entire amount in lump sum. The Writ Petition is disposed of as above. P.R.RAMACHANDRA MENON, JUDGE dpk