IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 12TH DECEMBER 2011 / 21ST AGRAHAYANA 1933 WP(C).No. 4003 of 2011(A) ------------------------------------ PETITIONER(S): --------------------- 1. SRI.T.A.MUSTHAFA, S/O. ALAVI, THAYAMKULAM HOUSE, KAIPARAMBU DESOM AND VILLAGE, THRISSUR TALUK, PROPRIETOR DEVA GROUP, KECHERI. 2. SMT. KHADEEJA, W/O. T.A.MUSTHAFA, THAYAMKULAM HOUSE, KAIPARAMBU P.O., THRISSUR. 3. SRI. ABDUL MAJEEB T.A., S/O. ALAVI, THAYAMKULAM HOUSE, KAIPARAMBU P.O., THRISSUR. BY ADV. SRI.C.PRABIN BENNY RESPONDENT(S): ------------------------ 1. DEPUTY TAHSILDAR (R.R.), KERALA FINANCIAL CORPORATION, SMART CENTRE, KOKKALAI, THRISSUR-21. 2. THE MANAGER, KERALA FINANCIAL CORPORATION, SMART CENTRE, KOKKALAI, THRISSUR-21. R1 BY GOVERNMENT PLEADER SRI. S. JAMAL R2 BY ADV. SRI.M.M. SAYED MUHAMMED, SC, KFC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sd/- WPC NO. 4003/2011 APPENDIX PETITIONER'S EXHIBITS P1 COPY OF THE ACCOUNT STATE OF LOAN NO. 110237910 P2 COPY OF THE DEMAND NOTICE DATED 10.12.2010 ISSUED TO ALL THE PETITIONERS RESPONDENTS' EXHIBITS NIL TRUE COPY P.A. TO JUDGE SD S.SIRI JAGAN.J - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)NO. 4003 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of December 2011 --------------------------------------------------- JUDGMENT The petitioner challenges revenue recovery proceedings initiated by the Kerala Financial Corporation for recovery of loan amounts due from the petitioner. The petitioner does not dispute the liability to pay or the quantum. The petitioner only seeks facility to pay off the amounts in instalments. This is opposed by the counsel for the petitioner. He points out that in this writ petition filed on 07/02/2011, the petitioner had requested for only six months time to pay off the amounts and now it is more than 9 months and the petitioner has not paid any amount yet. He points out that the petitioner obtained a stay on 08/02/2011, which was extended by 2 months on 07/04/2011. Eventhough the stay has long expired, the petitioner has not paid any amount is his contention. Having heard both sides, taking a lenient view, I dispose of this writ petition with the following directions: The petitioner shall pay an amount of Rs.10,00,000/- (Rupees ten lakhs only) on or before 31/12/2011. The balance amounts shall be paid in three equal monthly instalments payable on or before the last working day of January, February and March, 2012. If the petitioner pays the amounts as directed above without default, further coercive proceedings shall be kept in abeyance. However, if the petitioner commits default in payment of either the Rs.10,00,000/- (Rupees ten 2 lakhs only) or any of the further three instalments on the due dates, as directed above, it would be open to the respondents to continue proceedings as now initiated without having to issue any fresh notice or proceedings in that regard. S.SIRI JAGAN, JUDGE STU 3 4