IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 6TH JANUARY 2009 / 16TH POUSHA 1930 WP(C).No. 136 of 2009(N) ------------------------------------------ PETITIONER(S): ---------------------- 1. RADHAKRISHNA PILLAI, SON OF GOPALA PILLAI, AGED 49 YEARS, SUMASREE, THALAVOORKONAM, KAREEPRA, KOTTARAKKARA, KOLLAM. 2. JAYASREE, WIFE OF RADHAKRISHNA PILLAI, AGED 45 YEARS, SUMASREE, THALAVOORKONAM, KAREEPRA, KOTARAKKARA, KOLLAM. BY ADV. SRI.P.B.SURESH KUMAR SRI.LEO GEORGE RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVNANTHAPURAM. 2. THE DISTRICT COLLECTOR, KOLLAM. 3. THE SPECIAL TAHSILDAR (REVENUE RECOVERY), KERALA STATE FINANCIAL ENTERPRISES, KOLLAM 691 001. 4. KERALA STATE FINANCIAL ENTERPRISES LTD., REPRESENTED BY ITS MANAGING DIRECTOR, KERALA STATE FINANCIAL ENTERPRISES LTD., THRISSUR. 5. THE MANAGING DIRECTOR, KERALA STATE FINANCIAL ENTERPRISES LTD., THRISSUR. W.P.(C).NO.136 OF 2009 N 6. THE MANAGER, KERALA STATE FINANCIAL ENTERPRISES LTD., KOTTIYAM BRANCH, KOLLAM. R1 & R2 BY GOVERNMENT PLEADER SRI. BEJOY CHANDRAN ADV. SRI.ASOK M.CHERIYAN, SC, K.S.F.E. LTD. FOR R4-6 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 136 OF 2009 N -------------------------------------- Dated this the 6th January, 2009 JUDGMENT After arguing for some time, learned counsel for the petitioners submitted that the petitioners may be permitted to pay off the entire amount due in instalments. I heard the learned standing counsel appearing for the respondent KSFE besides the learned Government Pleader. Having regard to the facts, I feel that the petitioners can be permitted to pay off the entire amount due in equal monthly instalments. Accordingly, it is ordered that the recovery proceedings against the petitioners pursuant to Exts.P1 and P2 will be kept in abeyance on condition that the petitioners pay Rs.1,00,000/= (Rupees One Lakh) before the time of sale mentioned in Exts.P1 and P2 and pay the balance amount in six equal monthly instalments, the first of which shall be payable on or before the 15th of February, 2009 and the remaining instalments on or before the 15th of every succeeding month. If the petitioners do not pay Rs.1 Lakh or any of the WPC. 136/09 N 2 instalments, they will forfeit the benefit of this Judgment and it will be open to the respondents to proceed against the petitioners in accordance with law. The Writ Petition is disposed of as above. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge