IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 15TH NOVEMBER 2010 / 24TH KARTHIKA 1932 WP(C).No. 30969 of 2009(M) --------------------------------- PETITIONER(S): ------------------- MICHAEL AUGUSTHTY, PORIMATTATHIL HOUSE, PANAMKUTTY.P.O, KALLARKUTTY, IDUKKI DISTRICT. BY ADVS. SRI.P.SREEKUMAR SRI.K.S.MANU RESPONDENT(S): -------------------- 1. DEPUTY TAHSILDAR, REVENUE RECOVERY, NEDUNGANDAM. 2. THE DISTRICT OFFICER, KERALA STATE BACKWARD COMMUNITIES DEVELOPMENT CORPORATION, IDUKKI. 3. THE DISTRICT COLLECTOR, IDUKKI R1, R3 BY GOVT.PLEADER SRI.BIJOY CHANDRAN R2 BY ADV. SRI.C.E.UNNIKRISHNAN,SC,KSBCD CORPN.LTD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs/ C.K.ABDUL REHIM, J --------------------------------------- W.P(C) No.30969 of 2009-M ---------------------------------------- Dated this the 15th day of November, 2010. J U D G M E N T The petitioner was given financial assistance from the second respondent for purchase of a cow, in the year 2006. The amount sanctioned was Rs.10,000/- only. According to the petitioner, due to adverse climatic conditions he suffered heavy loss in agricultural operations and hence he was not in a position to effect regular repayments. It is further stated that, at the behest of the second respondent, steps for recovery was initiated by resorting to attachment of salary and emoluments of the personal guarantor. Ext.P3 is the notice issued in this regard. Inspite of approaches made by the petitioner, offering payment of amounts due, in instalments, the coercive steps were pursued. Hence this writ petition is filed. 2. This Court had granted an interim order against further steps, subject to condition of the petitioner remitting a sum of Rs.10,000/- within two weeks from 5.3.2010. It is W.P(C) No.30969 of 2009-M 2 stated that the petitioner could make payment of a sum of Rs.5,000/- only. Learned standing counsel appearing for the second respondent, on the basis of instructions, submitted that after crediting amount already paid a sum of Rs.10,138/- is due as on 21.10.2010, along with future interest. According to the petitioner, eventhough he had raised challenges against the recovery steps, he is ready and willing to make payment of the said amount within a short period, in instalments. 3. Having considered the facts and circumstances and the peculiar nature of the finance facility availed by the petitioner, and also considering the smallness of the amount in arrears, I am of the view that the writ petition can be disposed of directing the petitioner to make payment of the entire balance due, amount within a short period, in instalments. 4. Accordingly, the writ petition is disposed of directing the respondents to keep in abeyance all further coercive steps of recovery, subject to condition of the W.P(C) No.30969 of 2009-M 3 petitioner making payment of the above said sum of Rs.10,138/- along within interest if any due for the future period, in 3 (three) equal monthly instalments falling due on or before 30.11.2010 and on or before the last day of succeeding months. 5. It is made clear that on the event of default in payment of any one of the instalments, the respondents will be free to proceed with further steps. It is further made clear that the above relief is granted subject to the condition that the petitioner is precluded from raising any subsequent challenge against such proceedings. C.K.ABDUL REHIM JUDGE ab