IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 22ND OCTOBER 2010 / 30TH ASWINA 1932 WP(C).No. 32057 of 2010(F) ------------------------------------- PETITIONER(S): ----------------------- M.K.SURESH, S/O.KESAVAN, MANIYATHU VEEDU HOUSE NO.47/1471, ST.ANTONY'S ROAD, VADUTHALA. BY ADV. SRI.A.BALAGOPALAN SRI.A.RAJAGOPALAN SRI.K.SANEESH KUMAR. RESPONDENT(S): ------------------------ . DISTRICT COLLECTOR, ERNAKULAM, COLLECTORATE, CIVIL LINES, KAKKANAD. 682 020. 2. DEPUTY TAHSILDAR (REVENUE RECOVERY), KANAYANNUR TALUK, ERNAKULAM.682 035. 3. VILLAGE OFFICER- CHERANALLORE VILLAGE, VILLAGE OFFICE, CHERANALLORE.682 034. R1 & R3 BY GOVT. PLEADER SRI.BIJOY CHANDRAN SRI. K.MONI, OFFICIAL LIQUIDATOR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.32057 of 2010 ------------------------------------------- Dated this the 22nd day of October, 2010 J U D G M E N T ---------------------- Petitioner is challenging the revenue recovery steps initiated pursuant to Ext.P1 notice. The amount sought to be recovered pertains to a decree passed by this court in a company claim (C.C. No.301/2005 in C.P.No.9/2002). The revenue recovery steps is assailed on the premise that the amount due from the company under liquidation has not been given set off and that the petitioner is not liable for payment of the amount demanded under Ext.P1 notice. As stated above, the amount was quantified by virtue of a decree passed by this court (Company Court). As such the challenges now raised against quantification could not be entertained in this writ petition. If the petitioner has got any grievance against the decree passed by the Company Court, he has to work out his remedies as provided under the relevant statute. 2. However, it is evident in Ext.P2 representation W.P.(C).32057/10- -2- filed before the District Collector that the petitioner had requested to provide installment facility for paying off the entire arrears. Grievance of the petitioner is that coercive steps are now being pursued without considering such a request. 3. Under the above circumstances, I am of the view that indulgence can be shown in the matter of permitting the petitioner to pay off the entire liability in a phased manner. 4. In the result, the writ petition is disposed of directing the respondents to keep in abeyance further steps of recovery initiated pursuant to Ext.P1, provided the petitioner remits the entire balance outstanding, in 5 (five) equal monthly installments, falling due on or before 10.11.2010 and on or before the 10th day of the succeeding months. 5. It is made clear that on the event of default in payment of any of the installments 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. C.K.ABDUL REHIM, JUDGE. okb