IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 WP(C).No. 798 of 2006(T) ------------------------ PETITIONER: ----------------- JACOB PADALUNKAN, AGED 40 YEARS, S/O.ABRAHAM, PADALUNKAN HOUSE, ALADYKARA, KECHAPPATH P.O. BY ADVS. SRI.T.A.UNNIKRISHNAN SMT.RESHMI POULOSE RESPONDENTS: ---------------------- 1. THE DISTRICT COLLECTOR, IDUKKI. 2. THE TAHSILDAR, UDUMPANCHOLA, IDUKKI DISTRICT. BY GOVERNMENT PLEADER SRI. L.G. SURESH FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 798/2006 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 : TRUE COPY OF THE JUDGMENT DATED 30.9.1996 IN O.S.NO. 317/94 OF THE SUB JUDGE, KATTAPPANA. EXHIBIT P2 : TRUE COPY OF THE COMPLAINT DATED 27.3.1996 SUBMITTED BY PETITIONER. EXHIBIT P3 : TRUE COPY OF THE COMMUNICATION DATED 23.12.1996 ISSUED BY 1ST RESPONDENT. EXHIBIT P4 : TRUE COPY OF THE NOTICE DATED 13.4.2005 ISSUED BY 2ND RESPONDENT. EXHIBIT P5 : TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER DATED 28.4.2005. EXHIBIT P6 : TRUE COPY OF THE NOTICE DATED 15.12.2005 ISSUED BY 2ND RESPONDENT. REPONDENT'S EXHIBITS: EXHIBIT R2(a) : TRUE COPY OF THE COVERING LETTER DATED 05.09.1997. EXHIBIT R2(b) : TRUE COPY OF THE FORM AA. EXHIBIT R2(c) : TRUE COPY OF THE SITE MAHAZER. EXHIBIT R2(d) : TRUE COPY OF THE COPY OF THE RELEVANT EXTRACT OF THE AUDIT OF THE LAND REVENUE COMMISSIONER. EXHIBIT R2(e) : TRUE COPY OF THE LETTER DATED 06.09.2005. EXHIBIT R2(f) : TRUE COPY OF THE APPLICATION DATED 29.05.2001. EXHIBIT R2(g) : TRUE COPY OF THE NO OBJECTION CERTIFICATE ISSUED FROM THE OFFICE OF THE RESPONDENT DATED 22.11.2005. EXHIBIT R2(h) : TRUE COPY OF THE REPORT DATED 15.10.2001 FILED BY THE VILLAGE OFFICER, AYYAPPANCOIL VILLAGE. /TRUE COPY/ P.A. TO JUDGE. vkm C.N.RAMACHANDRAN NAIR, J. ------------------------- W.P.(C) No.798 of 2006 --------------------------------- Dated, this the 19th day of September, 2008 J U D G M E N T Since petitioner's prayer is only for instalment facility, this writ petition is disposed of granting ten equal monthly instalments to petitioner to clear the arrears, first of which will be paid on or before 31/10/2008 and balance on or before the last date of nine succeeding months. If petitioner clears the arrears as above, interest will be collected at normal rate and no collection charges should be recovered from the petitioner. However, if petitioner commits default in making payment of any of the instalments as above, the instalment facility granted will stand automatically vacated on first default and the respondents can proceed for recovery of entire arrears. In that event, collection charges also can be recovered along with arrears of interest. (C.N.RAMACHANDRAN NAIR, JUDGE) jg