IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 13TH JULY 2010 / 22ND ASHADHA 1932 WP(C).No. 21804 of 2010(A) -------------------------- PETITIONER: --------------- OLIVER MENDEZ, S/O. DOMANIC MENDEZ, KALLACHMURY, MULAVUKAD P.O., PIN-682 504. BY ADV. SRI.SOORAJ T.ELENJICKAL RESPONDENTS: --------------- 1. THE TAHSILDAR (RR), KANAYANNUR TALUK, ERNAKULAM DISTRICT. 2. THE VILLAGE OFFICER, MULAVUKAD. 3. THE OFFICIAL LIQUIDATOR, (VALIYAPARAMBIL CHITTIES AND LOANS PVT.LTD.), HIGH COURT OF KERALA, ERNAKULAM. BY GOVERNMENT PLEADER ADV. MR. BIJOY CHANDRAN. BY ADV. SRI K. MONI, OFFICIAL LIQUIDATOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 21804 OF 2010 ......................................................................... Dated this the 13th July, 2010 J U D G M E N T Aggrieved of the coercive steps stated as being pursued against the petitioner by the respondents seeking to realise a sum of Rs.1,06,852/- with interest and other charges as borne by Ext.P1 and P2, the petitioner is before this Court . 2. The case of the petitioner is that he happened to be a defaulter in respect of some chit transactions with M/s. Valiyaparambil Chitties and Loans (Pvt.)Ltd, which went on liquidation in C.P. 15 of 1999. Pursuant to appropriate proceedings filed by the Official Liquidator, the liability of the petitioner has been finalised in C.C. 13/2004, which in turn was sought to be realised from the petitioner. 3. The learned Counsel for the petitioner submits that the petitioner is not in a position to raise the entire amount in a lump sum and seeks for some breathing time to clear the liability by way of installments taking note of the fact that the petitioner is an autorickshaw driver and belongs to the poor section of the society. W.P.(C) No. 21804 OF 2010 2 4. Heard the learned Government Pleader for respondent Nos. 1 and 2 and the learned Standing Counsel for the Official Liquidator. 5. Considering the facts and circumstances, this Court finds it fit and proper to permit the petitioner to clear the liability in a phased manner. Accordingly, the petitioner is directed to satisfy the entire liability by way of '10' (ten) equal monthly installments, the first of which shall be effected on or before the 30.07.2010, to be followed by similar installments to be effected on or before the 30th of the succeeding months. It is made clear that, if any default is committed by the petitioner in effecting the installments as above, the respondents will be at liberty to proceed with further steps for realisation of the amount in a lump sum, from the stage where it stands now. The Writ Petition is disposed of. P.R. RAMACHANDRA MENON, JUDGE. lk