IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 23RD MARCH 2009 / 2ND CHAITHRA 1931 WP(C).No. 9149 of 2009(K) --------------------------------------------- PETITIONER(S): ---------------------- C.P.ABDULLA, JANNATH HOUSE, MEPPAYUR P.O., KOYILANDI, KOZHIKODE DISTRICT. BY ADV. SRI.P.SREEKUMAR SRI.K.S.MANU (PUNUKKONNOOR) RESPONDENT(S): ------------------------- 1. THE SPECIAL DEPUTY TAHSILDAR (RR) KERALA STATE FINANCIAL ENTERPRISES LTD.,KALLAI ROAD, KOZHIKODE. 2. THE MANAGER,KERALA STATE FINANCIAL ENTERPRISES LTD., KALLAI ROAD, KOZHIKODE. R1 BY GOVERNMENT PLEADER SRI. BEJOY CHANDRAN R2 BY SHRI T. NAVEEN, SC. KSFE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 9149 OF 2009 K -------------------------------------- Dated this the 23rd March, 2009 JUDGMENT Petitioner subscribed to chitties and there is default. Ext.P2 is the notice issued under Section 49 of the Revenue Recovery Act. Petitioner challenges the same. Ext.P1 is the notice issued under Section 34 of the Act. One of the grounds taken is that there is only reference to two transactions, but in Ext.P2, the amount is more than what is mentioned in Ext.P1, apparently because the transaction relating to another chitty is also included, contends the petitioner. 2. I heard the learned Government Pleader also. According to petitioner, he has found a purchaser and he will be able to pay off the amount on 30.4.2009. I feel that some time can be given, provided the petitioner pays some amount before the time of sale. Accordingly, the Writ Petition is disposed of as follows: Recovery proceedings pursuant to Ext.P2 will be kept in WPC.9149/09 K 2 abeyance till 06.05.2009 on condition that the petitioner remits Rs.1,00,000/= (Rupees One Lakh) before the time of sale, namely the adjourned date being 28.3.2009, and also gives an Undertaking on 28.3.2009 before the second respondent that he will pay the balance amount remaining to be paid by sale of the property to Mr. Mekkunnankandy Ammedhaji on or before 30.4.2009. If the petitioner does not pay the amount of Rs.1 Lakh and the balance amount remaining to be paid on or before 30.4.2009, he will lose the benefit of this Judgment and recovery proceedings against the petitioner can go on in accordance with law. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge