IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 28TH MARCH 2011 / 7TH CHAITHRA 1933 WP(C).No. 4524 of 2011(M) -------------------- PETITIONER : --------------------- AJITH KUMAR.M., SON OF K.MADHAVAN AACHARI AGED 42 YEARS, AJITH MANZIL, ELAVAUNGAL ROAD, PALARIVATTOM POST, ERNAKULAM-25. BY ADV. SRI.DENIZEN KOMATH RESPONDENT(S): ------------------------- 1. THE KERALA STATE FINANCIAL ENTERPRISES LTD., REPRESENTED BY ITS MANAGING DIRECTOR, BHADRATHA, P.B.O.510, MUSEUM ROAD, CHEMBUKAAVU, THRISSUR-20. 2. THE BRANCH MANAGER, THE KERALA STATE FINANCIAL ENTERPRISES LIMITED, VYTTILA BRANCH, KOCHI-19. R1 & R2 BY ADV. SRI. M.L. SAJEEVAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn C.K.ABDUL REHIM,J. ------------------------------- WP(C).NO. 4524 of 2011 --------------------------------- Dated this the 28th day of March, 2011 JUDGMENT Revenue Recovery steps initiated pursuant to Exts.P1 and P3 notices for realising amounts due from the petitioner to the respondents, is under challenge in this writ petition. The amount sought to be recovered pertains to arrears in a chitty transaction subscribed by the petitioner. I do not find any valid ground to hold that the petitioner is not liable for payment of the amounts under demand. Therefore the writ petition is devoid of any merits. 2. However, learned counsel for the petitioner made a request to permit payment of the entire amounts outstanding in a phased manner, within a reasonable time. Eventhough interference on merits is not proper, I am of the view that the petitioner can be permitted to wipe off the entire liability in instalments. 3. Accordingly, while dismissing the writ petition, the recovery steps now initiated pursuant to Exts.P1 and P3 is directed to be kept in abeyance, provided the petitioner remits WP(C).4524/2011 2 the entire amounts aalong with future interest and expenses if any due in 6(six) equal monthly instalments, falling due on or before 15.4.2011 and on before the 15th day of the succeeding months. 4. It is made clear that on the event of default committed in payment of any one of the instalments as stipulated above, the respondents will be free to proceed with further steps on the basis of notices already issued, and on such event the petitioner will be precluded from raising any subsequent challenge against such proceedings either before this court or before any other forum. C.K.ABDUL REHIM,JUDGE pmn/ WP(C).4524/2011 3 C.K.ABDUL REHIM,JUDGE pmn/ WP(C).4524/2011 4