IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 26TH AUGUST 2008 / 4TH BHADRA 1930 WP(C).No. 25359 of 2008(R) -------------------------- PETITIONER: ------------ MOHAMMED HARRIS, S/O KUNJALI HAJI, PATTERIKUNNATH HOUSE, KODINJI P.O., TIRURANGADI TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.TOM K.THOMAS RESPONDENTS: ------------- 1. CHIEF ACCOUNTS OFFICER, BSNL, KASARGODE. 2. DEPUTY TAHSILDAR (RR), TIRURANGADI. BY ADV. SRI.MATHEWS K.PHILIP,SC, BSNL FOR R1 R2 BY GOVT. PLEADER SMT. K.R. DEEPA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = = W.P.(C) No. 25359 OF 2008 R = = = = = = = = = = = = = = = = = Dated this the 26th day of August 2008 J U D G M E N T Revenue recovery proceedings initiated against the petitioner for realisation of the dues to the 1st respondent is under challenge. Initially, the petitioner contended that the Revenue Recovery Act is inapplicable and was relying on the judgment reported in Govindankutty v. The General Manager {(2002) 3 KLT 6}. However, the counsel for the 1st respondent pointed out that this judgment has been reviewed by order in R.P. No. 495/02. In view of the order in the review petition, the contentions raised by the counsel for the petitioner do not deserve acceptance. 2. At this stage, counsel for the petitioner seeks an instalment facility to discharge the liability and I heard the Standing Counsel who entered appearance on behalf of the 1st respondent also. Having regard to the submissions made by both sides I dispose of this writ petition directing that the petitioner will be permitted to W.P.(C) No. 25359 OF 2008 -2- pay the amount due to the 1st respondent in 8 equal monthly instalments, the first of which will be paid on or before 15.9.2008 and the subsequent instalments before the 15th of every succeeding month. The amount shall be paid directly to the 1st respondent. Subject to payments as above further proceedings pursuant to Exts. P1 and P2 will be deferred. It is directed that in case the petitioner commits default in paying any one of the instalments, it will be open to respondents to continue the proceedings without further notice to the petitioner. ANTONY DOMINIC JUDGE jan/-