IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 18TH JULY 2011 / 27TH ASHADHA 1933 WP(C).No. 12544 of 2011(P) --------------------------------------- PETITIONER(S): ------------------------ SOMAVALLY,AGED 49 YEARS,D/O KARTHYAYANI, PADIPPURAKKAL HOUSE,KIZHAKKUMMURI, VADAKKUMTHALA.P.O,KARUNGAPPALLY,KOLLAM-690 536. BY ADV. SRI.ANIL KUMAR SREEDHARAN RESPONDENT(S): -------------------------- 1. DISTRICT COLLECTOR,KOLLAM.PIN-691 001 2. SPECIAL DEPUTY TAHSILDAR(R.R), THE KERALA STATE FINANCIAL ENTERPRISES LTD., KOLLAM-691 001. 3. THE MANAGING DIRECTOR,THE KERALA STATE FINANCIAL ENTERPRISES LTD.,MUSEUM ROAD, THRISSUR-680 020. 4. THE BRANCH MANAGER,THE KERALA STATE FINANCIAL ENTERPRISES LTD.,EVENING BRANCH, KOLLAM.PIN-691 001 R1 BY GOVERNMENT PLEADER SRI.BIJOY CHANDRAN R2 TO R4 BY ADV. SRI.M.K.CHANDRAMOHAN DAS, SC, KSFE, LTD SRI.M.L.SAJEEV,SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.12544/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE REPRESENTATION DATED 10/01/2011 MADE BY THE WRIT PETITIONER. P2 COPY OF THE REPLY IN RESPONSE TO EXHIBIT P1 BY THE 4TH RESPONDENT. P3 COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT DEMANDING TO REMIT CORRECTED DEFAULT AMOUNT. P4 COPY OF THE NOTICE OF SALE OF IMMOVABLE PROPERTY DATED 21/03/2011 ISSUED BY THE 2ND RESPONDENT. P5 COPY OF THE PUBLIC NOTICE OF SALE DATED 05/04/2011 ISSUED BY THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts S.SIRI JAGAN, J. ================== W.P.(C).No. 12544 of 2011 ================== Dated this the 18th day of July, 2011 J U D G M E N T The petitioner challenges proceedings initiated by the Kerala State Financial Enterprises (KSFE) through Revenue authorities for recovery of chitty amounts due from the petitioner to the KSFE. The petitioner does not dispute the liability to pay or the quantum. She only seeks facility to pay off the amounts due in instalments. 2. This is opposed by the learned counsel for the KSFE. He points out that as per the interim order dated 26.4.2011, this Court had directed the petitioner to pay ` 15 lakhs within four weeks and the petitioner has not fully complied with the said order. The learned counsel for the petitioner admits that the petitioner has paid only ` 11 lakhs. 3. Having heard both sides, I dispose of this writ petition with a direction to the respondents to permit the petitioner to pay off the balance amounts due in six equal monthly instalments starting from 1.8.2011. Every subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioner pays the instalments on the due dates without default, coercive proceedings for recovery of the amounts shall be kept in abeyance. However, if the petitioner commits default in payment of any of the instalments, it w.p.c.12544/11 2 would be open to the respondents to continue proceedings as now initiated without having to issue any fresh notice or proceedings in that regard. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge