IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 18TH MARCH 2010 / 27TH PHALGUNA 1931 WP(C).No. 9052 of 2010(F) ------------------------- PETITIONERS: ------------------- 1. DEVASSIA DEVASSIA, S/O.DEVASSIA, KULAMAKAL HOUSE, MARYLAND P.O., KOTTAYAM DISTRICT. 2. BIBIN JOY, THENGUMPALLIKUNNEL HOUSE, EZHACHERI P.O., KOTTAYAM DISTRICT. 3. STEPHIN BIBIN, W/O.BIBIN JOY, THENGUMPALLIKUNNEL HOUSE, EZHACHERI P.O., KOTTAYAM DISTRICT. 4. MATHEW SYRIAC, KULAMAKAL HOUSE, MUTHOLI P.O., KOTTAYAM. 5. TESSY MATHEW, W/O.MATHEW SYRIAC, KULAMAKAL HOUSE, MUTHOLI P.O., KOTTAYAM. 6. AUGUSTINE JOSEPH, KULAPURAKAL HOUSE, ANTHINADU P.O., KOTTAYAM DISTRICT. 7. BIJU R.NAIR, PADMAVILAS, ANTHINADU P.O., KOTTAYAM DISTRICT. 8. ROSLIN SEBASTIAN, KULAMAKAL HOUSE, MARYLAND P.O., KOTTAYAM DISTRICT. 9. V.J.THOMAS, VERANANICKAL HOUSE, OTTATHAI P.O., ALAKODE, KANNUR DISTRICT. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE RESPONDENTS: ---------------------- 1. THE KERALA FINANCIAL CORPORATION LTD., M.C.ROAD, KOTTAYAM-686 001, REP. BY ITS CHIEF MANAGER. 2. THE DEPUTY TAHSILDAR, REVENUE RECOVERY, KERALA FINANCIAL CORPORATION, KOTTAYAM. 3. THE DEPUTY TAHSILDAR, REVENUE RECOVERY, KERALA FINANCIAL CORPORATION, KANNUR. GOVERNMENT PLEADER SRI.BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. ....................................................................... WP (C) NO. 9052 OF 2010 ............................................... Dated this the 18th day of March, 2010 J U D G M E N T ≈≈≈≈≈≈≈≈≈≈≈≈ The petitioners are challenging the coercive steps taken under the Revenue Recovery Act for realisation of the amount due to the first respondent. 2. Learned counsel for the petitioners submits that, the default was never because of any wilful laches or deliberate negligence and that the petitioners have made earnest arrangements for clearing the entire dues, at any rate, on or before 10/07/2010. Learned Standing counsel appearing for the respondents submits that, there is no merit in the contentions raised in the writ petition and that until and unless the petitioners prove their bonafides by depositing a substantial portion of the due amount immediately, no interference is warranted under any circumstances. 3. Leaned counsel for the petitioners submits that the WP (C) NO. 9052 OF 2010 2 petitioners are ready and willing to deposit a sum of Rs.25,00,000 on or before 31-03-2010; Rs.20,00,000/- on or before 30-04-2010; another Rs.20,00,000/- on or before 31-05-2010 and the remaining amount on or before 30-06-2010, thus clearing the entire arrears. 4. After considering the rival submissions, this Court finds that, the proposal made from the part of the petitioners appears to reasonable and that the petitioners can be permitted to clear the liability, accordingly. Taking note of the assurance and undertaking made by the petitioners, the petitioners are directed to deposit Rs.25,00,000/-on or before 31-03-2010; Rs.20,00,000/- on or before 30-04-2010; another Rs.20,00,000/- on or before 31-05-2010 and the balance amount on or before 30-06-2010. Subject to this, all further coercive steps shall be kept in abeyance. It is made clear that, if any default is committed in clearing the liability as above, the respondents will be at liberty to proceed with further steps, for WP (C) NO. 9052 OF 2010 3 realization of the entire amount in a lump sum. The issue regarding the liability to pay the collection charges is left open. Writ petition is disposed of, as above. P.R. RAMACHANDRA MENON, JUDGE. rkc