IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH THURSDAY, THE 21ST MAY 2009 / 31ST VAISAKHA 1931 WA.No. 1012 of 2009 --------------------- AGAINST THE JUDGEMENT IN WPC.37690/2008 Dated 02/04/2009 .................... APPELLANT/PETITIONER: --------------------------- MUHAMMED ASEEM P.K,S/O.K.KUNJUMON, AGED 33,PUTHENPEEDIKAYIL HOUSE,EMILY, KALPATTA P.O,WAYANAD DISTRICT. BY ADV. SRI.BINOY VASUDEVAN RESPONDENTS/RESPONDENTS: ---------------------------------- 1. KALPATTA MUNICIPALITY, REP.BY ITS SECRETARY. 2. SECRETARY,KALPATTA MUNICIPALITY. R1 & R2 BY ADV. SRI.JOE JOSEPH, SC. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 21/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & Kurian Joseph, J. ------------------------------------------ W.A.No.1012 of 2009 ------------------------------------------ Dated, this the 21st day of May, 2009 JUDGMENT S.R.Bannurmath, C.J. After hearing both sides, taking into consideration the fact that the appellant is running a petty shop in the premises belonging to the first respondent Municipality and the arrear amount is around rupees two lakhs, we deem it proper to give one more opportunity to the appellant to show his bona fides by depositing fifty percent of the amount due within one week from today and furnish security for the balance amount to the satisfaction of the first respondent and to clear the entire balance in ten equal monthly instalments starting from June, 2009 onwards. It is made clear that if there is default in payment of two consecutive instalments, the benefit of this order will cease to operate and the first respondent will be at W.A. No.1012 of 2009 - 2 - liberty to evict the appellant forthwith without further orders. 2. The order passed by the learned Single Judge will stand modified in the above terms. The writ appeal is disposed of as above. S.R.Bannurmath, Chief Justice Kurian Joseph, Judge vns/dk