IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 28TH MAY 2010 / 7TH JYAISHTA 1932 WP(C).No. 34250 of 2009(A) -------------------------- PETITIONER: --------------- RAJANI, AGED 38 YEARS, W/O. E.R.SABU AND D/O.LATE SADANANTHAN, PONNANIKKAL HOUSE, NARIKKUNDU.P.O., THOMMATTUCHAL VILLAGE, BATHERY TALUK, WAYANAD. BY ADV. SRI.MATHEW KURIAKOSE RESPONDENTS: --------------- 1. KERALA STATE FINANCIAL ENTERPRISES LTD., "BHADRATHA", PB.NO.510, MUSEUM ROAD, THRISSUR, REPRESENTED BY ITS MANAGING DIRECTOR. 2. THE BRANCH MANAGER, KERALA STATE FINANCIAL ENTERPRISES LTD., BRANCH KALPETTA, WAYANAD DISTRICT. 3. THE SPECIAL TAHSILDAR (REVENUE RECOVERY) THE KERALA STATE FINANCIAL ENTERPRISES KALLAI ROAD KOZHIKODE. R1 AND R2 BY ADV. SRI.K.S.HARIHARAPUTHRAN,SC,K.S.F.E. LTD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 34250 OF 2009 ......................................................................... Dated this the 28th May , 2010 J U D G M E N T The petitioner has approached this Court challenging the recovery proceedings stated as being pursued by the respondents invoking the machinery under the Revenue Recovery Act. The learned Counsel for the petitioner contended that the petitioner only requires six months' time to wipe out the entire liability. 2. When the matter came up for consideration before this Court on 09.12.2009, the coercive steps were intercepted on condition that the petitioner deposited a sum of Rs. Fifty thousand, which is stated as complied with. The learned Counsel for the petitioner submits that earnest efforts are being taken to cause a portion of the property to be sold out and to discharge the entire liability forthwith. The learned Counsel for the petitioner also sought for the benefit of installment facility. W.P.(C) No. 34250 OF 2009 2 3. The learned Counsel for the respondent submitted that the total liability of the petitioner is nearly Rs.4,59,161/-, after giving credit to the amount of Rs.50000/- stated as already satisfied by the petitioner. It is also stated that, in the particular facts and circumstances, some reasonable installments can be given, 4. In the above circumstances, the petitioner is permitted to satisfy the outstanding liability by way of 'six' equal monthly installments, the first of which shall be effected on or before 30.06.2010, to be followed by similar installments to be effected on or before the 30th of the succeeding months. It is made clear that if any default is committed by the petitioner in effecting the installments as above, the respondents will be at liberty to proceed with further steps for realisation of the amount in a lump sum, from the stage where it stands now. This will not bar the way of the petitioner to approach the respondents for some or other concessions/allowances, if any and to satisfy the liability subject to the norms to be stipulated by the W.P.(C) No. 34250 OF 2009 3 respondents, which shall be at the sole discretion of the respondents, as above. The Writ Petition is disposed of. P.R. RAMACHANDRA MENON, JUDGE. lk