IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 WP(C).No. 9830 of 2009(W) ------------------------- PETITIONER(S): --------------- T.K.SUNILKUMAR, S/O.THANKAPPAN, SIVASYLAM,AMOTTUKONAM, CHAKOTTUKONAM P.O. THIRUVANANTHAPURAM. BY ADV. SRI.T.RAJASEKHARAN NAIR RESPONDENT(S): --------------- 1. THE TAHSILDAR (REVENUE RECOVERY) NEYYATTINKARA, THIRUVANANTHAPURAM. 2. THE JUNIOR TELECOM OFFICER, BSNL, MARKET ROAD, KILIMANOOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER MR.BEJOY CHANDRAN FOR R1 SRI.MATHEWS K.PHILIP, SC, BSNL, FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 9830 OF 2009 W ```````````````````````````````````````````````````` Dated this the 26th day of March, 2009 J U D G M E N T Petitioner challenges Ext.P1 which is a notice under section 49(2) of the Revenue Recovery Act proclaiming sale of the property of the petitioner for recovery of the amount due from the petitioner. The amount due is stated as Rs.37,318/-. 2. I heard learned counsel for the petitioner, learned standing counsel and learned Government Pleader. Learned counsel for the petitioner prays for some time to pay off the amount. Learned standing counsel would point out that the petitioner had in fact sought permission to pay the amount in instalments on 9.3.2009 and one cheque was issued which was dishonoured. This fact is not mentioned in the writ petition. 3. I feel that the petitioner can be permitted to pay off the amount in five instalments provided the petitioner pays Rs.1,000/- as costs for having suppressed the facts. Accordingly, writ petition is disposed of as follows. Proceedings pursuant to Ext.P1 will be kept in abeyance on WPC.9830/09 : 2 : condition that the petitioner pays a sum of Rs.7,000/- before the time of sale of which Rs.1,000/- shall be towards the costs and pays off the balance amount remaining to be paid in four equal monthly instalments. The first instalment shall be paid on or before 27.4.2009 and the further instalments shall be paid on or before the 27th working day of the succeeding months. If the petitioner makes default in paying either Rs.7,000/- or any of the instalments, the petitioner will lose the benefit of this judgment and it will be open to the respondents to proceed against the petitioner in accordance with law. (K.M.JOSEPH, JUDGE) aks