IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 17TH NOVEMBER 2009 / 26TH KARTHIKA 1931 WP(C).No. 23134 of 2009(J) -------------------------- PETITIONER: --------------- C.V.RAPPAI, S/O.CHIRAYATH VAREED, KOZHUKULLI VILLAGE, THRISSUR. BY ADV. SRI.DILIP J. AKKARA RESPONDENTS: --------------- 1. KERALA STATE FINANCIAL ENTERPRISES REPRESENTED BY SECRETARY, MUSEUM ROAD, THRISSUR. 2. SPECIAL DEPUTY TAHSILDAR (R.R.) K.S.F.E. LTD., THRISSUR-20. 3. MERCY, W/O.RAPPAI, CHIRAYATH HOUSE, KOZHUKULLI VILLAGE, THRISSUR, P.O.KOZHUKULLI. ADV. SRI.M.L.SAJEEVAN, SC, KSFE LTD. FOR R1,2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K. ABDUL REHIM, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 23134 of 2009 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of November, 2009 J U D G M E N T 1. The revenue recovery steps impugned in this writ petition was initiated for realisation of amounts due with respect to chitties auctioned by the petitioner, from the 1st respondent. Contention of the petitioner is that there are certain other chitties which now stands matured and due for payment to the petitioner, and inspite of specific request made by the petitioner, the 1st respondent is not adjusting/setting off such payments against the arrears in the other chitties with respect to which revenue recovery steps are pending. It is also contended that certain payments effected by the petitioner was not given due credit. 2. Learned standing counsel for respondents 1 & 2, on the basis of instructions, submitted that the amount due under the prized chitties can be disbursed only if proper W.P.(C)No. 23134 of 2009 -2- security is furnished by the petitioner and that the security already furnished with respect to previous transactions is insufficient considering the quantum of amount to be disbursed. However, it is submitted that, the petitioner can approach the 1st respondent seeking One Time Settlement/Compromise Settlement of the matter so that waiver of interest/penal interest to the possible extent can be considered. 3. Considering the submissions on both sides and considering the facts and circumstances of the case, I am of the opinion that the writ petition can be disposed of with a direction to the petitioner to approach the 1st respondent in order to work out his remedies. 4. The respondents 1 & 2 are directed to consider representation seeking One Time Settlement/Compromise Settlement, if submitted by the petitioner within two weeks from the date of receipt of a copy of this judgment. A decision on such representation shall be taken at the earliest. The respondents 1 & 2 may also consider W.P.(C)No. 23134 of 2009 -3- adjustment/set off of the amount which ultimately become due under such settlement, from the amounts due under the prized chitties. Disbursal of balance if any outstanding shall be effected, provided the security already furnished by the petitioner is sufficient or if the petitioner furnishes any additional security. The needful shall be done at the earliest at any rate within two weeks from the date of receipt of a copy of this judgment. 5. However, taking note of the above directions, in order to facilitate the petitioner to approach the respondents 1 & 2 for settlement as directed above, coercive steps under the revenue recovery proceedings shall be kept in abeyance for a period of three months from today. The writ petition is disposed of with the above directions. C.K. ABDUL REHIM JUDGE shg/