IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 18TH DECEMBER 2009 / 27TH AGRAHAYANA 1931 WP(C).No. 36666 of 2009(C) -------------------------- PETITIONER(S): --------------- T.V.SAMBASIVAN, S/O.LATE VELAYUDHAN, AGED 57 YEARS, B-12, PIONEER TOWERS, MARINE DRIVE, ERNAKULAM, KOCHI-31, RESIDING AT THARAYIL HOUSE, PALLURUTHY, COCHIN-6. BY ADV. SRI.P.S.BIJU RESPONDENT(S): --------------- 1. BHARAT SANCHAR NIGAM LTD., REP. BY THE PRINCIPAL GENERAL MANAGER, BSNL, CATHOLIC CENTRE, ERNAKULAM, KOCHI-31. 2. THE TAHSILDAR, KANAYANNUR TALUK, ERNAKULAM, KOCHI-31. GOVERNMENT PLEADER SRI.BIJOY CHANDRAN ADV. SRI.MATHEWS K.PHILIP,SC, BSNL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J. ------------------------------ W.P.(C).No.36666 OF 2009 ------------------------------ Dated this the 18th day of December, 2009 J U D G M E N T ---------------------- 1. Challenge is against steps of recovery initiated pursuant to Ext.P4 notice, for realisation of arrears due to the 1st respondent. Petitioner is an STD PCO operator and the arrears pertains to telephone call charges of the Public Call Office. Eventhough various grounds are raised disputing correctness of the liability, petitioner is confining relief to the extent of granting installment facility for payment of the amount in arrears. The petitioner had approached the 1st respondent with such a request as evidenced from Ext.P5. But the request was declined through Ext.P6 for the reason that revenue recovery requisition has already been given to the District Collector. Hence the writ petition. 2. Heard, counsel for the petitioner and standing counsel for the 1st respondent. Considering the limited prayer for granting installments, I am of the opinion that some indulgence can be shown in the matter. 3. Accordingly, the writ petition is disposed of permitting the petitioner to make payment of the amounts covered under W.P.(C).36666/09-C 2 Ext.P4 along with future interest if any due, in 6 (six) equal monthly installments falling due on or before 31.01.2010 and on or before the last day of the succeeding months. If the amount as stated above is paid without any default, the respondents shall keep in abeyance all further steps of recovery. 4. It is made clear that on the event of default in payment of any of the installments the respondents will be free to proceed with further steps. C.K.ABDUL REHIM, JUDGE. okb