IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 8TH MARCH 2011 / 17TH PHALGUNA 1932 WP(C).No. 6746 of 2011(P) -------------------------------------- PETITIONER(S): ----------------------- VIJAYAN P.I., AGED 51 YEARS, S/O.ITTIKKORAN, PEYI HOUSE, PULLOOR P.O., MUKUNDAPURAM, TRISSUR DISTRICT. BY ADV. SRI.P.R.SREEJITH, SRI.PRAMODH KUMAR M., SRI.P.P. SURENDRAN. RESPONDENT(S): -------------------------- 1. THE OFFICIAL LIQUIDATOR, HIGH COURT OF KERALA. 2. DEPUTY TAHSILDAR, REVENUE RECOVERY, MUKUNDAPURAM, TRISSUR DISTRICT., 685 001. R1 BY ADV. MR.K. MONI. R2 BY SR. GOVT. PLEADER MR.MATHEW GEORGE VADEKKEL. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/03/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.6746 of 2011 ------------------------------------------- Dated this the 8th day of March, 2011 J U D G M E N T ---------------------- Revenue recovery steps initiated pursuant to Ext.P1 & P2 notices, is the subject matter of challenge in this writ petition. The amount sought to be recovered pertains to a decree passed by this court in a company claim, C.P.No.1/2000. It is evident that the order passed in the company claim had attained finality and the petitioner has not chosen to challenge the same through any appropriate proceedings under the Companies Act. Hence I am of the view that this court could not consider merits of any contentions raised challenging the liability. 2. However, having confronted with the above situation, learned counsel appearing for the petitioner made an appeal for permitting payment of the amounts covered under Ext.P1 and P2, in instalments, within a reasonable time. 3. Accordingly the writ petition is disposed of directing the respondents to keep all further steps of recovery initiated pursuant to Ext.P1 and P2 in abeyance, subject to condition of the petitioner remitting the entire amount due along with interest and expenses if any due, in 8 (eight) equal monthly W.P.(C).6746/11 -2- instalments, falling due on or before 31.3.2011 and on or before the last day of the succeeding months. 4. 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 petitioner will be precluded from raising any subsequent challenge against such proceedings. C.K.ABDUL REHIM, JUDGE. okb