IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 11TH JUNE 2009 / 21ST JYAISHTA 1931 WP(C).No. 15062 of 2009(C) ----------------------------------------- PETITIONER(S): ------------------------- SREEKUMARAN PILLAI, AGED 45 YEARS, S/O.VISHNU NAMBOOTHIRI, SREERAGAM, PULLIKANAKKU P.O., KAYAMKULAM. BY ADV. MR.MATHEW ABRAHAM RESPONDENT(S): ------------------------- 1. THE SPECIAL DEPUTY TAHSILDSAR (R.R.) KERALA STATE FINANCIAL ENTERPRISES LTD., ALAPPUZHA. 2. THE REGIONAL MANAGER, K.S.F.E.LTD., REGIONAL OFFICE, KERALA STATE FINANCIAL ENTERPRISES, CHINNAKKADA, KOLLAM. 3. THE BRANCH MANAGER, K.S.F.E.LTD., KADAPPAKADA BRANCH, KADAPPAKADA, KOLLAM. R1 BY GOVERNMENT PLEADER MR. B IJOY CHANDRAN R2 & R3 BY ADV. MR.K.S.HARIHARAPUTHRAN,SC,K.S.F.E. LTD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.R. RAMACHANDRA MENON, J. ........................................................................ W.P.(C) No. 15062 OF 2009 ......................................................................... Dated this the 11 th June, 2009 J U D G M E N T The petitioner was a subscriber to the chitty conducted by the second and third respondents-KSFE and the chitty of Rs. Three lakhs was bid in favour of the petitioner for a sum of Rs. 2.7 lakhs. The petitioner had also availed a 'New Chitty Loan' (No.1938) on 02.08.2006 from the third respondent on the strength of the Chitty as well as on the basis of the Bond executed by the sureties in this regard. Subsequently, the petitioner turned to be defaulter and finally, the respondents proceeded with coercive steps under the Revenue Recovery Act, which in turn has been subjected to challenge in the present Writ Petition. 2. Heard the learned Standing Counsel appearing on behalf of the respondents 2 and 3 and the learned Government Pleader on behalf of the first respondent. 3. The respondent Nos.2 and 3 have filed a statement before this Court pointing out the liability as on date as Rs. 3,40,025/- and that there was absolutely no earnest effort from W.P.(C) No. 15062 OF 2009 2 the part of the petitioner in clearing the outstanding liability at any point of time. 4. However, considering the case put forth by the petitioner in the Writ Petition as to his plight and the sequence of events, this Court finds that, it will be only just and proper to permit the petitioner to clear the entire liability by way of six equal monthly installments and it is ordered accordingly. The first installment shall be paid on or before the 30th of this month and the remaining installments shall be paid on or before the 30th of the succeeding months. It is made clear that if any default is committed by the petitioner in repayment of the installments, as above, the respondents will be at liberty to proceed against the petitioner for realisation of the entire due amount in a lump sum. The Writ Petition is disposed of as above. P.R. RAMACHANDRA MENON, JUDGE. lk