IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 16TH DECEMBER 2011 / 25TH AGRAHAYANA 1933 WP(C).No. 33634 of 2011(D) -------------------------------------- PETITIONER(S): ----------------------- WILSY EADEN, AGED 43, W/O.ANTONY EADEN, HOUSE WIFE, AMBATTU HOUSE, PIPE LINE ROAD, THAIKATTUKARA P.O, PIN- 683 106, ALUVA WEST VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.SUNU P.JOHN, SRI.K.C.PAULOSE. RESPONDENT(S): -------------------------- 1. DY. TAHSILDAR (RR), TALUK OFFICE, ALUVA, ALUVA P.O, PIN- 683 101, ERNAKULAM DISTRICT. 2. VILLAGE OFFICER, ALUVA WEST, ALUVA P.O., PIN- 683 101, ERNAKULAM DISTRICT. 3. OFFICIAL LIQUIDATOR, MINISTRY OF CORPORATE AFFAIRS, HIGH COURT OF KERALA, COMPANY LAW BHAVAN, THRIKKAKARA- 682 021. R1 & R2 BY GOVT. PLEADER MR.S. JAMAL. R3 BY ADV. MR.K. MONI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/12/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 33634 of 2011(D) APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1. TRUE COPY OF REVENUE RECOVERY NOTICE DTD. 27.10.2011 ISSUED BY THE IST RESPONDENT UNDER SECTION 7 OF RR ACT. EXHIBIT P2. TRUE COPY OF REVENUE RECOVERY NOTICE DTD. 27.10.2011 ISSUED BY THE IST RESPONDENT UNDER SECTION 34 OF RR ACT. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE rs S.SIRI JAGAN - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)NO.33634 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of December 2011 --------------------------------------------------- JUDGMENT The petitioner is the wife of Sri.Antony Eaden, who is now working abroad. The company court passed a decree against Sri. Antony Eaden for recovery of amounts due from him to a company in liquidation, under a chitty for which, the petitioner's husband was a subscriber. Revenue recovery proceedings have been initiated against the property in which the petitioner is now residing, for recovery of the decree amount. The petitioner is aggrieved by the same. The petitioner does not dispute the liability of her husband to pay or the quantum. The petitioner only seeks facility to pay off the amounts in instalments. The petitioner undertakes that the petitioner will pay the amounts on behalf of her husband, who is now abroad. 2. Taking into account the facts and circumstances of the case, I dispose of this writ petition with the following directions: The respondents shall permit the petitioner and her husband to pay off the amounts covered by Ext.P1 notice in 15 equal monthly instalments starting from 02/01/2012. Every subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioner and her husband pay off the instalments on due dates W.P.(C)NO.33634 OF 2011 2 without default, further proceedings pursuant Ext.P1 notice shall be kept in abeyance. However, if the petitioner and her husband commit default in payment of any one instalment, the respondents shall recover the entire amounts in a lumpsum pursuant to Ext.P1, without having to issue any fresh notice or proceedings in that regard. S.SIRI JAGAN, JUDGE STU W.P.(C)NO.33634 OF 2011 3