IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 21ST MAY 2010 / 31ST VAISAKHA 1932 WP(C).No. 15150 of 2010(P) -------------------------- PETITIONER: --------------- SAKKEER.N.B., AGED 35 YEARS, S/O. C.H.BAVA, NEDUNKULANGARAMALA HOUSE, ATHANI, KUSUMAGIRI.P.O., KAKKANAD, ERNAKULAM. BY ADV. MR. V.E.ABDUL GAFOOR MR. A.MOHAMMED SAVAD RESPONDENTS: --------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF REVENUE GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, ERNAKULAM. 3. DEPUTY THAHSILDAR(R.R) KANAYANNUR TALUK, ERNAKULAM. 4. VILLAGE OFFICER, VILLAGE OFFICE, KAKKANAD, KAKKANAD, ERNAKULAM. 5. SECRETARY (SPECIAL GRADE), THRIKKAKARA GRAMA PANCHAYAT, KAKKAND, ERNAKULAM. R1 TO R4 BY ADV. MR. BIJOY CHANDRAN, GOVERNMENT PLEADER R5 BY ADV. MR. S. SHANAVASAN, STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 15150 of 2010 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 21st day of May, 2010 JUDGMENT The petitioner, who is stated as a fish vendor, ventured into yet another field by participating in the auction conducted for collection of gate fee of public market of the 5th respondent panchayath for the year 2008-2009 and on becoming successful bidder on quoting the bid amount of Rs. 76,000/-, which was to be satisfied by way of 3 equal installments. The petitioner failed to satisfy the bid amount, but for effecting the 1st installment on 4.3.2008. Pursuant to the failure on the part of the petitioner, steps were taken by the respondent Panchayath, invoking the machinery under the Kerala Revenue Recovery Act, leading to issuance of Exts. P2 and P3, which are under challenge in this Writ Petition. 2. The learned counsel for the petitioner submits that, the petitioner is not in a position to meet the demand in lump sum and some breathing time may be provided to the petitioner to discharge the liability in a phased manner. 3. Heard the learned standing counsel appearing for the 6th respondent Panchayath and the learned Government Pleader appearing for the other respondents. W.P. (C) No. 15150 of 2010 : 2 : 4. Considering the particular facts and circumstances and taking note of the submission that the petitioner does not intend to press any other ground, the petitioner is permitted to clear the liability by way of '8' equal monthly installments; the first of which shall be effected on or before the 15th of June, 2010; to be followed by the similar installments to be effected on or before the 15th of the succeeding months. Subject to this, the recovery proceedings stated as being pursued against the petitioner shall be kept in abeyance for the time being. It is made clear that, if the petitioner commits any default in effecting the installments, as aforesaid, the respondents will be at liberty to proceed with further steps for realization of the entire amount in lump sum. The Writ Petition is disposed of accordingly. P. R. RAMACHANDRA MENON, JUDGE kmd