IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 10TH JUNE 2011 / 20TH JYAISHTA 1933 WP(C).No. 7718 of 2011(L) -------------------------------------- PETITIONER(S): ------------------------ 1. DINO JOHN, S/O.JOHN, CHAKANAL HOUSE, VAZHAVARA KARA, IDUKKI DISTRICT. 2. DENCY JOHN, W/O.BENNY, KOCHUPARAMBIL HOUSE, UPPUKANDAM KARA, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. BY SRI.P.VIJAYA BHANU, SENIOR ADVOCATE BY ADV. SRI.THOMAS J.ANAKKALLUNKAL SRI.UNNI SEBASTIAN KAPPEN RESPONDENT(S): -------------------------- 1. KERALA STATE FINANCIAL ENTERPRISES LTD, L.U.BRANCH, KOTTAYAM, REPRESENTED BY ITS MANAGER.686 123 2. THE SPECIAL DEPUTY TAHSILDAR (RR), K.S.F.E. LTD, KOTTAYAM.PIN-686 123 R1 & R2 BY ADV. SRI.K.S.HARIHARAPUTHRAN,SC,K.S.F.E. LTD SRI.M.L.SAJEEV, SC FOR KSFE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.7718 of 2011 ------------------------------------------- Dated this the 10th day of June, 2011 J U D G M E N T ---------------------- Revenue recovery steps initiated for realisation of the amounts due from the petitioners to the respondents under chitty transactions is the subject matter of challenge in this writ petition. Even though various contentions are raised, I find no legally tenable grounds to hold that the petitioners are not liable for payment of the amount sought to be recovered. 2. However, learned counsel for petitioners sought for a limited relief for permitting payment of the entire amount due in a phased manner within a reasonable time. 3. Considering the limited prayer sought for, I am of the view that, even though interference on merits is not warranted, indulgence can be shown in permitting the petitioners to pay off the entire liability in instalments within a reasonable time. 4. Accordingly the writ petition is disposed of directing the respondents to keep in abeyance all coercive steps for realisation of amounts covered under Ext.P1, provided the petitioners remit the entire amounts due under recovery notice along with interest and other charges if any due, in 5 (five) equal W.P.(C).7718/11 -2- monthly instalments, falling due on or before 30.6.2011 and 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 the respondents will be at liberty to proceed with further steps and on such event the petitioners will be precluded from raising any subsequent challenge against such proceedings. C.K.ABDUL REHIM, JUDGE. okb