IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 2ND JULY 2009 / 11TH ASHADHA 1931 WP(C).No. 18118 of 2009(H) -------------------------- PETITIONER: --------------- P.V.MAHESH, S/O.P.K.VASU, AGED 35 YEARS, PANAYALPADAN HOUSE, CHALAKKUDY P.O., TRISSUR DISTRICT. BY ADV. MS. K.V.RESHMI MR. SHIBU PUDUSSERY RESPONDENTS: --------------- 1. THE DEPUTY TAHSILDAR, REVENUE RECOVERY, MUKUNDAPURAM, IRINJALAKKUDA. 2. THE VILLAGE OFFICER, EAST CHALAKKUDY, TRISSUR DISTRICT. 3. THE DISTRICT COLLECTOR, TRISSUR. BY GOVERNMENT PLEADER MR. P.K. BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 18118 of 2009 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 2nd day of July, 2009 JUDGMENT The petitioner has approached this Court challenging the recovery proceedings pursued by the respondents in furtherance of realization of the amount due from the petitioner in some of the Chits subscribed from the 'Sree Thilakam Chits and Kuries', Kodakara. The case of the petitioner is that, though the Chits were prized in favour of the petitioner and the petitioner had effected substantial payments, it could not be pursued further as the Chit Company subsequently came to be defunct. The petitioner contends that, at no point of time, had he ever been served with any notice from the said Company or from the Official liquidator and hence that there is absolutely no rationale in proceeding with the coercive steps. 2. The first respondent has filed a statement pointing out the relevant facts and figures, asserting that the petitioner was a chronic defaulter. Despite the service of notice in the relevant proceedings, it was never honoured, under which circumstances, there was no other alternative but for moving the machinery under the Kerala Revenue Recovery Act, pursuant to the requisition made by the Official liquidator. The first respondent has also produced copies of the relevant proceedings issued from the office of the Official liquidator and also the WP (C) No. 18118 of 2009 : 2 : order passed by this Court on 1st June, 2006 in C.C. 229 of 2005 in C.P. 1 of 2000, whereby the liability was cast upon the petitioner in the Writ Petition. 3. Considering the facts and circumstances, there is absolutely no ground for interference. However, taking note of the persuasive submissions made by the learned counsel for the petitioner, the petitioner is permitted to clear the entire outstanding liability by way of 3 equal monthly installments. Subject to the above coercive steps are interfered for a period of 3 months. The Writ Petition is disposed of accordingly. P. R. RAMACHANDRA MENON, JUDGE kmd