IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 13TH OCTOBER 2010 / 21ST ASWINA 1932 WP(C).No. 21015 of 2010(B) -------------------------- PETITIONER(S): --------------- PAULOSE, S/O.OUSEPH, KUZHUPPILLIL HOUSE, SOUTH VELLARAPPALLY P.O., THEKKUMBHAGOM VILLAGE. BY ADV. SRI.T.P.PRADEEP RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, ERNAKULAM-682 030. 2. SPECIAL TAHSILDAR (REVENUE RECOVERY), TALUK OFFICE, ALUVA-683 101. 3. VILLAGE OFFICER, CHOVVARA-THEKKUMBHAGOM VILLAGE-682 301. 4. NEW INDIA ASSURANCE CO., REPRESENTED BY THE BRANCH MANAGER, PERUMPAVOOR-683 542. ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R4 GOVERNMENT PLEADER SRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K. ABDUL REHIM, J ------------------------------- WP(C) NO. 21015 OF 2010 ------------------------------------- Dated this the 13th day of October, 2010 JUDGMENT Petitioner is challenging the revenue recovery steps initiated against him, pursuant to Ext.P2 notice issued under Section 7 of the Kerala Revenue Recovery Act. The amount sought to be recovered is the compensation due from the petitioner to the 4th respondent company by virtue of Ext.P1 Award passed by the Motor Accident Claims Tribunal, Perumbavoor. Petitioner is the first respondent in Ext.P1 Award. Compensation was granted by the MACT to the tune of Rs.76,310/- along with interest, which was directed to be paid by the petitioner to the claimant in Ext.P1. The Tribunal had further permitted the 4th respondent herein (who was the second respondent before the Tribunal) to realise the amount of Rs.25,000/- already paid by them, on the basis of the interim Award, from the petitioner along with interest. It is on the basis of an Execution Petition filed by the 4th 2 WP(C) No. 21015/2010 respondent, the recovery steps were now initiated, for realising a sum of Rs.38,636/-. 2. Eventhough various grounds are raised in this Writ Petition, learned counsel for the petitioner conceded that the petitioner is ready and willing to pay off the entire amount, provided reasonable time is granted for making payment in instalments. By virtue of an interim order issued by this Court on 07.07.2010 the petitioner had already deposited a sum of Rs.5,000/-. 3. Considering the limited relief sought for, I am of the view that indulgence can be shown in the matter of permitting the petitioner to pay off the liability in instalments. 4. Accordingly, the Writ Petition is disposed of directing respondents 1 to 3 to keep in abeyance further coercive steps of recovery pursuant to Ext.P2 notice, provided the petitioner remits the entire balance in 6 (six) equal monthly instalments, the first of which shall be paid 3 WP(C) No. 21015/2010 on or before 30.10.2010 and the remaining instalments on or before the last day of the succeeding months. 5. It is made clear that on the event of default in payment of any one of the instalments as stipulated above, the respondents will be free to proceed with further coercive steps. It is also made clear that the benefit granted above will be subject to the condition that the petitioner is precluded from raising any subsequent challenge against the proceedings. C.K. ABDUL REHIM JUDGE dnc