IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 27TH JANUARY 2010 / 7TH MAGHA 1931 WP(C).No. 37501 of 2009(G) ---------------------------------------- PETITIONER(S): ------------------------ K.VINOD, S/O. SREEDHARAN, AGED 30 YEARS, KARAD HOUSE, VELLILA P.O., MALAPPURAM DISTRICT. BY ADVS.MR.T.K.AJITH KUMAR MR.P.VINODKUMAR RESPONDENT(S): ------------------------- 1. THE SPECIAL DEPUTY TAHSILDAR, (REVENUE RECOVERY), K.S.F.E., PALAKKAD. 2. KERALA STATE FINANCIAL ENTERPRISES, MANJERI BRANCH, MALAPPURAM DISTRICT. R1 BY GOVT. PLEADER MR.BIJOY CHANDRAN R2 BY ADV. MR.T.NAVEEN, SC, K.S.F.E. LTD. FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.R. RAMACHANDRA MENON, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C) No.37501 of 2009 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 22nd day of March, 2010 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ J U D G M E N T The petitioner is challenging the recovery proceedings, initiated at the instance of the respondents for the realisation of the due amount. 2. When the matter came up for consideration before this Court on 23.12.2009, a sum of Rs. 20,000/- was directed to be deposited on or before 8.1.2010. The learned counsel for the petitioner submits that, the petitioner had already deposited the said sum of Rs.20,000/- as directed by this Court. However, the writ petition happened to be dismissed for default and later, as per the order dated 10.2.2010 in M.J.C.51/2010, it was restored to file. But the interim order expired on 28.12.2009 and hence I.A. No.4189/2010 has been filed for revival and extension. 3. The learned Standing Counsel for the respondents submits that, after giving credit to the amount already deposited by the petitioner, a balance amount of Rs.94,000/- is still due to satisfy the liability. W.P.(C) No.37501 of 2009 2 4. The learned counsel for the petitioner submits that the petitioner is ready and willing to clear the entire amount and that the petitioner might be permitted to have '3' installments for satisfying the liability. 5. After hearing both sides, the petitioner is directed to deposit the due amount by way of '3' equal monthly installments; the first of which shall effected on or before the 15th of April 2010, to be followed by similar installments to be effected on or before the 15th of the succeeding months. Subject to this, the recovery proceedings being pursued against the petitioner shall be kept in abeyance. It is made clear that, if any default is committed, the respondents are at liberty to proceed with further steps to recover the entire amount in a lump sum. The issue regarding the liability to recover the 'collection charges' is left open. The writ petition is disposed of as above. P.R. RAMACHANDRA MENON (JUDGE) nl