IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 24TH JUNE 2010 / 3RD ASHADHA 1932 WP(C).No. 19697 of 2010(J) ----------------------------------------- PETITIONER(S): ------------------------- CRIPSON PAIVA, AGED 40, S/O.NICHOLAS PAIVA, AZHIKKATH HOUSE, SREE NARAYANA ROAD, PERUMPADAPPU, KOCHI-6. BY ADV. SRI.E.M.MURUGAN RESPONDENT(S): ---------------------------- 1. THE TAHSILDAR (RR) OFFICE OF THE TAHASILDAR, KOCHI-1 2. THE OFFICIAL LIQUIDATOR, HIGH COURT OF KERALA, KOCHI -21. BY GOVERNMENT PLEADER SRI. MATHEW GEORGE VADAKKEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No.19697 of 2010-J ---------------------------- Dated this the 24th day of June, 2010. J U D G M E N T The petitioner is aggrieved of Exts.P3 and P4 notices issued under the Kerala Revenue Recovery Act, seeking to realize the amount stated as due from him in C.A.No.543 of 2004 in C.P.No.9 of 2002. 2. The learned counsel for the petitioner submits that the default was never wilful but because of the frustrating pecuniary circumstances. The learned counsel further submits that the only relief now pressed before this Court is to permit the petitioner to clear the liability by way of reasonable instalments. It is assured and undertaken that a sum of Rs.50,000/- will be deposited within ten days. 3. Heard the learned standing counsel appearing for the second respondent, as well as the learned Government Pleader appearing for the first respondent . 4. Considering the facts and circumstances, the petitioner is permitted to clear the entire liability under Exts.P3 and P4 in a W.P(C) No.19697 of 2010-J 2 phased manner. Accordingly, the petitioner is directed to deposit a sum of Rs.50,000/- within ten days and the balance amount shall be deposited by way of 'seven' equal monthly instalments; the first of which shall be effected on or before the 30th of July, 2010; to be followed by similar instalments to be effected on or before the 30th of the succeeding months. Subject to the above, all further coercive proceedings pursuant to Exts.P3and P4 shall be kept in abeyance. It is made clear that, if any default is committed by the petitioner in satisfying the due amount as above, it will open to the respondents, to proceed with appropriate steps for realisation of the entire amount in a lump sum. The Writ Petition is disposed of. P.R.RAMACHANDRA MENON JUDGE ab