IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 25TH MAY 2011 / 4TH JYAISHTA 1933 WP(C).No. 7071 of 2011(H) ----------------------------------- PETITIONER(S): --------------- ABOOBACKER T.M., TOTTAMPULLY HOUSE, NEDUMPURA, PALLAM, THALAPPALLY TALUK, THRISSUR. BY ADV. SRI.K.PRAVEEN KUMAR RESPONDENT(S): --------------- 1. KERALA STATE FINANCIAL ENTERPRISES, REP. BY ITS MANAGING DIRECTOR, BHADRATHA, MUSEUM ROAD, TRICHUR-680011. 2. THE MANAGER, KERALA STATE FINANCIAL ENTERPRISES, VADAKKANCHERRY BRANCH, TRICHUR DISTRICT, PIN-680582. 3. THE DEPUTY TAHSILDAR (RR), KSFE, THRISSUR-680001. ADV. SRI.ASOK M.CHERIYAN, SC, K.S.F.E. LTD. FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J. ----------------------------- W.P.(C)No.7071 of 2011 --------------------------------- Dated this the 25th day of May 2011 J U D G M E N T Challenge in this writ petition is against revenue recovery steps initiated pursuant to Exts.P1 to P4 notices. The amounts sought to be recovered pertains to arrears due from the petitioner to respondents 1 and 2 in chitty transactions and loans availed. Even though various contentions are raised, I find no legally tenable ground to hold that the petitioner is not liable for payment of the amounts sought to be recovered. 2. However, as a gesture of indulgence, the recovery steps were stayed through an interim order issued on 23.3.2011, subject to condition of the petitioner remitting a sum of Rs.2,00,000/- within one month thereof. It is stated that the stipulation has already been complied with. 3. Learned counsel for the petitioner makes an W.P.(C)No.7071 of 2011 -: 2 :- appeal to this Court to permit payment of the balance amounts in a phased manner, within a reasonable time, on the undertaking that the petitioner relinquishing all challenges against the recovery steps. Even though interference on merits is not warranted, I am of the view that the petitioner can be permitted to pay off the liability in a phased manner within a reasonable time. 4. Accordingly, the writ petition is disposed of directing the respondents to keep in abeyance all further coercive steps of recovery initiated on the basis of Exts.P1 to P4, provided the petitioner remits the entire balance outstanding along with interest and expenses if any due, in 6 (six) equal monthly instalments, falling due on or before 15.6.2011 and on or before 15th day of the succeeding months. 5. It is made clear that on the event of default in payment of any one of the instalments, the respondents will be free to proceed with further steps of recovery on the W.P.(C)No.7071 of 2011 -: 3 :- basis of the notices already issued and on such event the petitioner will be precluded from raising any subsequent challenge. C.K.ABDUL REHIM, JUDGE. Jvt