IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 7TH DECEMBER 2010 / 16TH AGRAHAYANA 1932 WP(C).No. 34847 of 2010(E) -------------------------- PETITIONER(S): --------------- JENSON, AGED 28 YEARS, S/O. T.A.JOSEPH, THACHUTHTARA, DOOR NO.36/2396, KATHRIKADAVU, C B I ROAD, KALOOR, KOCHI-17. BY ADV. SRI.T.A.SHAIN RESPONDENT(S): --------------- 1. DISTRICT COLLECTOR, ERNAKULAM - 682 030. 2. DEPUTY TASHILDAR (RR), KANAYANNUR TALUK - 682 011. 3. VILLAGE OFFICER, ELAMKULAM - 682 011. 4. REGIONAL TRANSPORT OFFICER, ERNAKULAM - 682 030. BY GOVT. PLEADER SRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J --------------------------------------- W.P(C) No.34847 of 2010-E ---------------------------------------- Dated this the 7th day of December, 2010. J U D G M E N T The petitioner is aggrieved by coercive steps for attachment and sale of movables threatened against him, pursuant to the proceedings initiated on the basis of Ext.P2 notice. It is revealed that, defaulter is the father of the petitioner, and the amount pertains to arrears of motor vehicles tax due with respect to a vehicle owned by the father, bearing No.KL7/BA 6749. According to the petitioner his father is aged and sick and the movables which is sought to be attached are situated a house wherein they are residing, which belongs exclusively to the petitioner. It is contended that those movables are not liable to be proceeded against for realising arrears due from the father of the petitioner. 2. However, it is conceded that, the property upon which the residence is situated belongs to the father, who is the defaulter. Therefore, I am of the view that the W.P(C) No.34847 of 2010-E 2 respondent can proceed with the steps for attachment and sale of the immovable property, which belongs to the defaulter. 3. Having confronted with the above situation, learned counsel for the petitioner submitted that the petitioner is ready and willing to pay off the liability, provided facility for payment of the amount in a phased manner, within a reasonable time, is granted. 4. Considering the facts and circumstances, I am of the view that, eventhough interference on merits is not warranted, the petitioner can be permitted to regularise the account by paying the defaulted amounts within a short time. 5. Accordingly, the writ petition is disposed of directing the respondent Bank to keep in abeyance all further steps of recovery pursuant to Ext.P2 notice, provided the petitioner remits the entire amounts in default, in 4 (four) equal monthly instalments falling due on or before 31.12.2010 and on or before the last day of W.P(C) No.34847 of 2010-E 3 succeeding months. 6. It is made clear that on the event of default in payment of any one of the instalments, the respondent will be free to proceed with further steps. It is further made clear that the above relief is granted subject to the condition that the petitioner is precluded from raising any subsequent challenge against such proceedings. C.K.ABDUL REHIM JUDGE ab