IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 4TH JULY 2011 / 13TH ASHADHA 1933 WP(C).No. 6544 of 2011(P) ----------------- PETITIONER : -------------------- VISWANATHA PANICKER G.P., AGED 61 YEARS, MANIMANDIRAM HOUSE, S.B.I. COLONY ROAD, CHELAVOOR.P.O., KOZHIKODE-630 017. BY ADVS. SRI.GEORGE KARITHANAM VARGHESE SRI.JOSE KURIAKOSE (VILANGATTIL) RESPONDENT(S): ------------------------ 1. KERALA STATE FINANCIAL ENTERPRISES LTD., H.P.UNIT, KOZHIKODE, REPRESENTED BY ITS BRANCH MANAGER. 2. SPECIAL DEPUTY TAHASILDAR (RR), K.S.F.E. LTD., KALLAI ROAD, KOZHIKODE. R1 BY ADV. SRI. M.L. SAJEEVAN, SC, KSFE R2 BY GOVT. PLEADER SRI. BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 6544 of 2011(P) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE LETTER DTD 15-08-2010 ISSUED TO THE 1ST RESPONDENT. EXT.P2 : COPY OF THE DEMAND NOTICE ISSUED BY THE 2ND RESPONDENT DTD 10-01-2011. EXT.P3 : COPY OF THE REPRESENTATION DTD 17-01-2011 SUBMITTED BY THE PETITIONER. EXT.P4 : COPY OF THE DEMAND NOTICE BEFORE ATTACHMENT ISSUED BY THE 2ND RESPONDENT DTD 08-02-2011. EXT.P5 : COPY OF THE OBJECTION DTD. 18-02-2011. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 6544 of 2011 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 4th day of July, 2011. J U D G M E N T The petitioner is a defaulter in repayment of loan amounts taken from the 1st respondent-Kerala State Financial Enterprises Ltd. The respondent have initiated revenue recovery proceedings, which is under challenge in this writ petition. 2. This Court passed several interim orders in this writ petition, which read as follows: “Standing counsel for respondent is directed to get instructions and to file statement if so advised. Meanwhile, there will be an interim stay against further proceedings of recovery pursuant to Ext. P4 for a period of three weeks subject to condition of the petitioner remitting a sum of Rs.30,000/- (rupees thirty thousand only) within three weeks from today.” 3.3.2011. “It is submitted that the condition imposed in the interim order is complied with. Interim order is extended by two weeks.” 18.3.2011. “Interim order is extended by one week.” 1.4.11. “No representation for the respondents . Interim stay will continue till 31.5.2011, subject to condition of the petitioner remitting a further sum of Rs.30,000/- (Rupees thirty thousand only) within 6 weeks from today.” 12.4.2011. W.P(C) No. 6544 of 2011 -: 2 :- I.A. No. 8296/2011 Out of the amount of Rs. 30,000/- insisted for payment through interim order dated 12.4.2011, it is stated that the petitioner had remitted a sum of Rs. 15,000/-. He is seeking extension of time for payment of balance amount on the ground that his wife is undergoing treatment for cancer and is in a critical stage. Heard the standing counsel appearing for the respondents. Considering the facts and circumstances, time stipulated for payment of the balance amount is extended till 30.6.2011. Post on 4.7.2011. Needless to say that the interim order will continue till then.” 6.6.2011. The learned counsel for the petitioner submits that the petitioner has complied with the interim orders. He seeks facility to pay the balance amount in 12 instalments. This is opposed by the counsel for the KSFE. Taking a a lenient view, I dispose of this writ petition with a direction that the petitioner shall pay the balance amount due in 12 instalments starting from 1.8.2011. Every subsequent instalment shall be paid on the first working day of every subsequent month. If the petitioner continues to pay the instalments without any default, further recovery proceedings shall be kept in abeyance. However, if the petitioner commits default in payment of any one instalment, it would be open to the respondents to W.P(C) No. 6544 of 2011 -: 3 :- continue proceedings for recovery as now initiated without having to issue any fresh notice or proceedings in that regard. Sd/- S. Siri Jagan, Judge. Tds/