IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 21ST OCTOBER 2010 / 29TH ASWINA 1932 WP(C).No. 27552 of 2010(T) -------------------------- PETITIONER(S): --------------- VALSALA, W/O.LATE CHANDRAN, AGED 62 YEARS, THAIVALAPPIL HOUSE, KAZHEEMBRAM POST, THRISSUR DISTRICT. BY ADV. SRI.DENIZEN KOMATH RESPONDENT(S): --------------- 1. DISTRICT COLLECTOR, THRISSUR. 2. KERALA STATE FINANCIAL ENTERPRISE LTD., P.B.NO.510, CHEMBUKAVU, THRISSUR-680 020, REPRESENTED BY ITS MANAGING DIRECTOR. 3. BRANCH MANAGER, KERALA STATE FINANCIAL ENTERPRISE LTD., VADANAPPILLY BRANCH, THRISSUR. 4. SPECIAL DEPUTY TAHSILDAR (RR), OFFICE OF THE SPECIAL DEPUTY TAHSILDAR, KSFE LTD., P.B.NO.510, CHEMBUKAVU, THRISSUR-680 020. GOVT. PLEADER SRI. BIJOY CHANDRAN ADV. SRI.M.K.CHANDRAMOHAN DAS, SC, KSFE, LTD FOR R2-4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.27552 of 2010 ------------------------------------------- Dated this the 21st day of October, 2010 J U D G M E N T ---------------------- Petitioner is a widow, who is aggrieved by the steps initiated under the provisions of the Kerala Revenue Recovery Act for realising amounts due from her deceased husband, who had joined chitties with the 3rd respondent, in his name and in the name of three of their sons. It is noticed that the revenue recovery steps were initiated against the petitioner as well as against her children. It is submitted that the petitioner along with her children had effected some repayments and inspite of request made by them to permit payment of balance amount in a phased manner, coercive steps of recovery has now been initiated at the behest of the 3rd respondent. Ext.P2 series are notices issued under the provisions of the Kerala Revenue Recovery Act proclaiming sale of immovable property. The petitioner had approached the respondents by filing Ext.P3 seeking permission for payment of the balance amount in installments. Since such request was not considered, this writ petition is filed. 2. In a statement filed on behalf of the 3rd W.P.(C).27552/10-T -2- respondent it is mentioned that the deceased husband of the petitioner and his 3 sons have availed loans to the extent of Rs.50,000/- each totalling to Rs.2 lakhs, for which landed property owned by the deceased husband was mortgaged. It is stated that the revenue recovery steps were initiated consequent to perpetual default committed in repayment of the amounts due, inspite of repeated demand notices issued. It is further stated that, the amounts due from one of the sons namely, Sri. Santhosh T.C., was closed by accepting payment under the 'One Time Settlement' scheme. It is further stated that the total amount now outstanding is Rs.3,54,435/-. It is mentioned in the statement that the 'One Time Settlement' facility is available and the petitioner can choose to avail the benefit under the scheme, for which they can approach the appropriate authority under the 3rd respondent. 3. Pursuant to an interim order issued by this court on 6.9.2010 the petitioner had remitted a sum of Rs.40,000/-. On a scanning of the writ petition I do not find any legally tenable ground to interfere with the revenue recovery steps initiated. In fact, the petitioner is seeking only a direction to permit payment of the amount in a phased manner. 4. Under the above circumstances, in view of the offer W.P.(C).27552/10-T -3- made by the 3rd respondent to consider settlement under the 'One Time Settlement scheme', I am of the view that the petitioner can be relegated for seeking appropriate remedy before the 3rd respondent. 5. In the result, the writ petition is disposed of reserving liberty to the petitioner to approach respondents 3 and 4 seeking settlement of the arrears invoking benefits under the 'One Time Settlement scheme' available. If the petitioner makes any such approach within a period of two weeks from today, the respondents 3 and 4 shall consider the same and take a decision thereof within two weeks thereafter. The petitioner on intimation should abide by such decision. 6. In order to facilitate the petitioner to approach the respondents in the matter, further coercive steps of recovery pursuant to Ext.P2 series notices shall be kept in abeyance for a period of six weeks from today. C.K.ABDUL REHIM, JUDGE. okb