IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 13TH JANUARY 2011 / 23RD POUSHA 1932 WP(C).No. 30159 of 2010(T) --------------------------------- PETITIONER(S): ------------------- M.P.CHACKOCHAN, S/O. M.C.POULOSE, MANGALATH PUTHENPURACKAL HOUSE, ATHIYADI.P.O., PIN-673527. KOYILANDY TALUK, KOZHIKODE DISTRICT. BY ADVS. SRI.G.HARIHARAN SRI.PRAVEEN HARIHARAN RESPONDENT(S): -------------------- 1. DEPUTY TAHSILDAR (RR), KERALA STATE FINANCIAL ENTERPRISES, KOZHIKODE-673001. 2. KERALA STATE FINANCIAL ENTERPRISES, KALLAI BRANCH, REPRESENTED BYITS BRANCH MANAGER, KOZHIKODE-673001. 3. SRI.M.P.JOY, S/O. M.C.POULOSE, MANGALATH PUTHENPURACKAL HOUSE, ATHIYODI.P.O., PIN-673527. KOYILANDY TALUK, KOZHIKODE DISTRICT. R1 BY GOVT.PLEADER SRI.BIJOY CHANDRAN R2 BY ADV. SRI.T.NAVEEN, SC, K.S.F.E. LTD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs C.K.ABDUL REHIM, J --------------------------------------- W.P(C) No.30159 of 2010-T ---------------------------------------- Dated this the 13th day of January, 2011. J U D G M E N T The petitioner is a surety with respect to a chitty subscribed by the 3rd respondent, which is conducted by the 2nd respondent herein. Challenge in this writ petition is against coercive steps of recovery initiated under the provisions of the Kerala Revenue Recovery Act, consequent to default committed by the 3rd respondent in payment of the subscription amounts due. Contention of the petitioner is that he has got serious objections against correctness of the demand raised and inspite of request made, the respondents 1 and 2 had not furnished the exact details and statement of accounts regarding the balance outstanding. Hence the petitioner is seeking interference of this Court to restrain the coercive steps of recovery. 2. It is noticed that on an earlier occasion the petitioner had approached this Court challenging the very same recovery steps, by filing W.P(C) No.22722 of 2010. In W.P(C) No.30159 of 2010-T 2 Ext.P1 judgment the steps taken for sale of the immovable property mortgaged was directed to be kept in abeyance, subject to condition of the petitioner remitting the outstanding amounts in six equal monthly instalments, the first of which was directed to be paid on or before 20.8.2010, followed by subsequent instalments to be paid on or before 20th of the succeeding months. In Ext.P1 it is specifically noticed that on an earlier occasion, the petitioner had approached the concerned Minister of the State Government seeking instalment facility for payment of the amounts and the petitioner had even failed to continue payment of the amounts in compliance with the instalment facility granted. 3. However, as a gesture of indulgence, this Court had granted an interim stay against the coercive steps, subject to condition of the petitioner remitting a sum of Rs.2 lakhs, within two weeks from 27.10.2010. It is conceded that the petitioner has not remitted the said amount. 4. Under the above circumstances, I am not inclined W.P(C) No.30159 of 2010-T 3 to entertain this writ petition any further. 5. Accordingly, the writ petition is dismissed. However, it is made clear that dismissal of this writ petition will not stand in the way of the petitioner approaching the respondents 1 and 2 to settle payment of the balance outstanding in a phased manner and it is further made clear that this will not stand in the way of the respondents considering any such request. C.K.ABDUL REHIM JUDGE ab