IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 16TH DECEMBER 2011 / 25TH AGRAHAYANA 1933 WP(C).No. 33701 of 2011(K) -------------------------------------- PETITIONERS : ----------------------- 1. ABDUL RAHIMAN, S/O.MOIDEENKUTTY, PARAMBATH PANNIKANDATHIL HOUSE, PONMUNDAM P.O., TANUR ROAD, VYLATHUR, THIRUR, MALAPPURAM. 2. KHADEEJA, W/O.ABDUL RAHIMAN, PARAMBATH PANNIKANDATHIL HOUSE, PONMUNDAM P.O., TANUR ROAD, VYLATHUR, THIRUR, MALAPPURAM. BY ADVS. SRI. K.V.GOPINATHAN NAIR SMT.G.CHITRA RESPONDENTS : ------------------------- 1. THE KERALA STATE FINANCIAL ENTERPRISES LTD, KOZHIKODE MAIN BRANCH, REPRESENTED BY BRANCH MANAGER, PIN-673 001. 2. THE SPECIAL DEPUTY TAHSILDAR (RR), NO.VIII, KERALA STATE FINANCIAL ENTERPRISES LTD, PALAKKAD-678 001. 3. ABDUL LATHEEF, S/O.MOHAMMED N.P., NEDUMPARAMBIL HOUSE, 153/A, PONMUNDAM P.O, TANUR ROAD, VYLATHUR, TIRUR, MALAPPURAM, PIN-676 106. 4. SHIHABUDEEN N.P., S/O.MOHAMMED N.P., NEDUMPARAMBIL HOUSE, 214/A, PONMUNDAM P.O., TANUR ROAD, VYLATHUR, TIRUR, MALAPPURAM, PIN-676 106. R1 & R2 BY ADVS. SRI. JOHNSON T. JOHN, SC FOR KSFE SRI. P.V. LONACHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DSV/- WP(C).No. 33701 of 2011(K) APPENDIX PETITIONERS' EXHIBITS: EXHIBIT P1. COPY OF THE LETTER ISSUED BY THE 1ST RESPONDENT TO THE 3RD RESPONDENT WITH COPY TO THE PETITIONERS DATED 17/09/2009. EXHIBIT P2. COPY OF THE LETTER ISSUED BY THE 1ST RESPONDENT TO THE 4TH RESPONDENT WITH COPY TO THE PETITIONERS DATED 17/09/2009. EXHIBIT P3. COPY OF THE NOTICE DATED 22/11/2010 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P4. COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER FOR AUCTIONING THE PROPERTY OF THE PETITIONER DATED 31/12/2010. EXHIBIT P5. COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT TO THE 2ND PETITIONER FOR AUCTIONING THE PROPERTY OF THE PETITIONER DATED 31/12/2010. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE DSV/- S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 33701 of 2011 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 16th day of December, 2011. J U D G M E N T The petitioners are guarantors for payment of amounts under a chitti conducted by respondents 1 and 2 payable by respondents 3 and 4. The petitioners seek facility to pay the amounts in instalments. This is opposed by the standing counsel for respondents 1 and 2. However, taking a lenient view, I dispose of this writ petition with a direction to respondents 1 and 2 to permit the petitioners to pay off the amounts in six equal monthly instalments starting from 16.1.2012. Every subsequent instalment shall be paid on the first working day after 15.1.2012 of every succeeding month. If the petitioners pay the instalment amount on due dates without default, further coercive recovery proceedings shall be kept in abeyance. However, if the petitioners commit default in payment of any one instalment, it would be open to respondents 1 and 2 to proceed against the petitioners as well as respondents 3 and 4 for recovery of the entire amount in a lump sum. Sd/- S. Siri Jagan, Judge. Tds/