IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 26TH OCTOBER 2010 / 4TH KARTHIKA 1932 WP(C).No. 26591 of 2010(Y) -------------------------- PETITIONER: ------------------ T.K.JACOB, AGED 69 YEARS, S/O.P.O.KOCHAPPU, JUSTINRAJA, MAMMIYOOR, GURUVAYOOR PO. BY ADVS. SRI.V.M.KRISHNAKUMAR SMT.P.A.ANITHA RESPONDENTS: ---------------------- 1. THE KERALA SCHOOL TEACHERS AND NON TEACHING STAFF WELFARE CORPORATION LTD(DIRECTORATE OF PUBLIC INSTRUCTIONS)TRIVANDRUM-695 014. 2. THE DEPUTY TAHSILDAR(RR)CHAVAKKAD, THRISSUR. PIN 680 001. BY GOVERNMENT PLEADER, SRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK C.K. ABDUL REHIM, J ------------------------------- WP(C) NO. 26591 OF 2010 ------------------------------------- Dated this the 26th day of October, 2010 JUDGMENT Challenge in this Writ Petition is against the revenue recovery steps initiated for realising amounts due under a loan account availed by the petitioner from the first respondent. It is stated that the loan in question was availed as early as in the year 1990, to the tune of Rs.59,720/-. It is further stated that, after availing the loan, the petitioner was kept out of service for a pretty long time by virtue of an order of suspension issued by the Manager of the School wherein he was working. Consequent to default committed in repayment, steps for revenue recovery was initiated at the behest of the first respondent and Ext.P2 notice under Section 7 of the Kerala Revenue Recovery Act was issued. It is the case of the petitioner that on receipt of Ext.P2, he had submitted Ext.P3 before the first respondent expressing willingness to pay the actual amount due, within a reasonable time, 2 WP(C) No. 26591/2010 in instalments. Since the coercive steps were pursued without considering Ext.P3, this Writ Petition is filed. 2. Eventhough no legally tenable grounds were raised disputing the liability, as a gesture of indulgence this Court had granted an interim stay against the recovery steps, subject to condition of the petitioner depositing a sum of Rs.1 lakh within a period of ten days from 20.08.2010. Thereafter on the request of the petitioner time for compliance of the interim order was extended for a period of one week from 28.09.2010. It is reported that the interim order has not been complied with till date. 3. Under the above circumstances, I am not inclined to entertain this Writ Petition any further, especially because of the fact that there is no valid challenge against sustainability of the recovery actions. However the petitioner will be at liberty to pursue Ext.P3 representation before the appropriate authority. 4. In the result, the Writ Petition is dismissed 3 WP(C) No. 26591/2010 without prejudice to rights if any available to the petitioner to pursue the request submitted under Ext.P3 before the first respondent. C.K. ABDUL REHIM JUDGE dnc