IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 25TH MAY 2011 / 4TH JYAISHTA 1933 WP(C).No. 9366 of 2011(U) ------------------------- PETITIONER(S): --------------- K.RAJAN PILLAI, AGED 58 YEARS, S/O. KUNJIKRISHNA PILLAI, KOLADATHU HOUSE, K.S.PURAM, KARUNAGAPPALLY P.O., KOLLAM DISTRICT. BY ADV. SRI.ELDHO PAUL SMT.TESSY JOSE RESPONDENT(S): --------------- 1. THE DEPUTY TAHSILDAR, REVENUE RECOVERY, KARUNAGAPPALLY. 2. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, PATHANAMTHITTA. BY GOVT. PLEADER SRI. BASANT BALAJI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No. 9366 of 2011 ------------------------------- Dated this the 25th day of May, 2011 J U D G M E N T The petitioner is a stage carriage operator and the owner of a stage carriage bearing registration No.KRQ 6161. He has filed this writ petition mainly seeking a direction to the respondents to afford him an opportunity to pay the amount demanded in Exts.P2 and P2(a) notices issued under the provisions of the Kerala Revenue Recovery Act, 1968 demanding payment of the arrears of contribution payable to the Kerala Motor Transport Workers Welfare Fund. 2. Though the respondents have been served, the second respondent has not chosen to enter appearance. The impugned demand notices have been issued by the first respondent on the requisition made by the second respondent to recover the arrears of contribution payable by the petitioner to the Kerala Motor Transport Workers Welfare Fund. When the writ petition came up for hearing today, the learned counsel appearing for the petitioner submitted that the petitioner has already deposited the sum of Rs.20,000/- before the first respondent and having regard to the said payment, the writ petition may be disposed of by permitting the petitioner to pay the balance amount demanded in Exts. P2 and P2(a) demand notices in five equal instalments. W.P.(C) No.9366 of 2011 2 3. The claim made by the petitioner that he has remitted the sum of Rs.20,000/- before the first respondent is not denied by the respondents. The total amount demanded in Exts.P2 and P2(a) is Rs. 53,881/-. In view of the fact that the petitioner has already deposited the sum of Rs.20,000/-, and the balance amount payable is only Rs.33,881/-, I deem it appropriate to grant an opportunity to the petitioner to pay the balance amount in instalments. I, accordingly, dispose of the writ petition with a direction that in the event of the petitioner paying the balance amount demanded in Exts.P2 and P2(a), after giving credit to the payment of Rs.20,000/- already made by him, in five equal monthly instalments, the first instalment commencing on 6.6.2011, the revenue recovery proceedings shall be kept in abeyance. It is clarified that if the petitioner commits default in payment of any two consecutive instalments, it will be open to the first respondent to realise the balance amount due from him in lump. P.N. RAVINDRAN, JUDGE. nj.