IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 22ND AUGUST 2008 / 31ST SRAVANA 1930 WP(C).No. 25307 of 2008(K) -------------------------- PETITIONER: PETITIONER ---------------------- NAUSHAD MUHAMMED P.A., S/O.ALI RAWTHER P.K., PARACKAL HOUSE, KUTTAPUZHA, MOTHOOR, KUTTAPUZHA VILLAGE, THIRUVALLA TALUK. BY ADV. SRI.MVS.NAMBOOTHIRY SRI.R.VINU RAJ RESPONDENTS: RESPONDENTS ------------------------ 1. THE KERALA STATE FINANCIAL ENTERPRISES LTD., REP. BY ITS MANAGING DIRECTOR, "BHATHRATHA"MUSEUM ROAD, THRISSUR 680020. 2. THE BRANCH MANAGER, THE KERALA STATE FINANCIAL ENTERPRISES LTD., THIRUVALLA. 3. SPECIAL DEPUTY TAHSILDAR (R.R) THE K.S.F.E. LTD., KOLLAM. BY ADV. SRI.T.NAVEEN, SC, K.S.F.E. LTD. FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------------- W.P.(C) 25307 of 2008 -------------------------------------------------------- Dated: AUGUST 22, 2008 JUDGMENT Faced with Exts.P1 and P2 revenue recovery proceedings initiated against the petitioner for the amount that was due to the 1st respondent, this writ petition is filed. Though several contentions are raised, what is now pressed before me is an instalment facility to discharge the liability. 2. I heard the learned counsel appearing for the respondents, who points out that in view of the fact that substantial amounts are due, indulgence should not be shown to the petitioner. 3. However, having regard to the limited nature of the relief that is sought for in this writ petitioner, I feel that instalment facility can be granted so that the petitioner can discharge the debt and avert coercive action and at the same time, the respondent can also realise its dues. On that basis I dispose of this writ petition with the following WP(C) 25307/08 2 directions:- i. That within three weeks from today, petitioner shall remit an amount of Rs.1 lakh with the 2nd respondent. ii. Subject to such payment, further proceedings pursuant to Exts.P1 and P2 will be kept in abeyance. iii. The balance amount due from the petitioner shall be paid in 10 equal monthly instalments. The 1st instalment shall be paid by the petitioner on or before 15.10.2008, and the subsequent instalments shall be paid on or before the 15th of every succeeding month. iv. In case any default is committed by the petitioner in paying the amount as above, the respondents will be free to continue the proceedings without further notice to the petitioner. ANTONY DOMINIC, JUDGE mt/-