IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 18TH FEBRUARY 2011 / 29TH MAGHA 1932 WP(C).No. 31739 of 2010(N) ---------------------------------- PETITIONER(S): ------------------- G.SREEKUMAR, S/O. GOPALAKRISHNAN NAIR, "VARLAYIL PUTHENPURA", ONAMTHURUTHU P.O., KOTTAYAM-686 602. BY ADV. SRI.GEORGE SEBASTIAN RESPONDENT(S): -------------------- 1. THE DEPUTY TAHSILDAR (R.R.), KOTTAYAM - 686 001. 2. THE VILLAGE OFFICER, ONAMTHURUTHU VILLAGE OFFICE, KOTTAYAM - 686602. 3. THE GREATER COCHIN DEVELOPMENT AUTHORITY (GCDA), REPRESENTED BY ITS SECRETARY, ERNAKULAM - 682 011. 4. THE ESTATE OFFICER, THE GREATER COCHIN DEVELOPMENT AUTHORITY (GCDA), ERNAKULAM - 682 011. 5. ASSISTANT ADMINISTRATIVE OFFICER, THE GREATER COCHIN DEVELOPMENT AUTHORITY (GCDA), ERNAKULAM - 682 011. R1 & R2 BY GOVT.PLEADER SRI.MATHEW GEORGE VADEKKEL R3 TO 5 BY ADV. SRI.M.K.THANKAPPAN, SC, GCDA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs C.K.ABDUL REHIM, J. ------------------------------- W.P.(C).No.31739 of 2010 ------------------------------- Dated this the 18th day of February, 2011. J U D G M E N T Challenge in this writ petition is against revenue recovery proceedings initiated for realising amounts due from the petitioner to respondents 3 and 4. Even though various contentions are raised, I find no legally tenable ground to hold that the petitioner has no liability for payment of the amount demanded. 2. However, pursuant to an interim order passed by this Court, further coercive steps were stayed subject to condition of payment of certain amounts. It is submitted that the petitioner had complied with those conditions and paid a total sum of Rs.35,000/- after filing of this writ petition. 3. In the counter affidavit filed on behalf of respondents 3 to 5 it is mentioned that the balance outstanding due for payment is a sum of Rs.83,008/-, as on 2 W.P.(C).No.31739 of 2010 30.6.2010. Learned counsel for the petitioner submits that the petitioner is ready and willing to make payment of the balance amount, less whatever amount paid after filing of this writ petition. He seeks indulgence of this Court to permit payment of such amount in a phased manner, within a reasonable time. 4. Considering the averments, I am of the view that, even though interference on merit is not appropriate, the petitioner can be permitted to wipe off the entire liability by effecting payment of the amounts due, in instalments within a reasonable time. 5. In the result, the writ petition is disposed of directing the respondents to keep in abeyance all further coercive steps of recovery, provided, the petitioner remits the balance amount of Rs.83,003/-, along with interest if any due, less the amount of Rs.35,000/- paid during pendency of this writ petition, in 4 (four) equal monthly instalments, falling due on or before 15.3.2011 and on or before 15th day of every succeeding months. 3 W.P.(C).No.31739 of 2010 6. It is made clear that on the event of default in payment of any one of the instalments as stipulated above, the respondents will be free to proceed with further coercive steps, and on such event, the petitioner will be procluded from raising any subsequent challenge. C.K.ABDUL REHIM, Judge ami/