IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 28TH JANUARY 2010 / 8TH MAGHA 1931 WP(C).No. 31868 of 2009(C) ----------------------------------------- PETITIONER(S): ------------------------- VIVEK K.V., S/O. VESWANATHAN, AGED 21, RESIDING AT SWASTHI, LAKSHMI NAGAR, CHEYARAM, TRICHUR DISTRICT, REPRESENTED BY POWER OF ATTORNEY HOLDER VISWANATHAN, S/O. K.K.GOPALN VAIDYAR,RESIDING AT SWASTHI, LAKSHMI NAGAR, CHEYARAM, TRICHUR DISTRICT. BY ADVS. MR.R.S.KALKURA, MR.M.S.KALESH, MR.HARISH GOPINATH, MR.V.VINAY MENON, MR.M.AJAY (IRUMPANAM). RESPONDENT(S): ---------------------------- 1. THE CORPORATION OF TRISSUR, REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE, TRISSUR. 2. THE DEPUTY TAHSILDR (RR) TRICHUR. R1 BY ADV. MR.K.B.MOHANDAS,SC,THRISSUR CORPORATION R2 BY GOVERNMENT PLEADER MR. BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.R.RAMACHANDRA MENON, J -------------------------------------- W.P(C) No.31868 of 2009-C -------------------------------------- Dated this the 28th day of January, 2010. J U D G M E N T The petitioner is challenging the steps taken by the respondent Corporation for realization of the arrears by invoking the machinery under the Kerala Revenue Recovery Act. The challenge raised is on several grounds, legal as well as factual. 2. A detailed counter affidavit has been filed by the first respondent, pointing out the sequence of events and actual facts and figures. The learned counsel for the petitioner submits that, in view of the stand taken by the first respondent, the petitioner has chosen to clear the entire liability to the first respondent Corporation, for which some breathing time is sought for. It is also brought to the notice of this Court that, pursuant to the interim order passed by this Court, a sum of Rs.50,000/- has already been paid by the petitioner towards the outstanding liability and that the petitioner is ready and willing to clear the balance amount directly to the first respondent. W.P(C) No.31868 of 2009-C 2 3. In the above facts and circumstances, the petitioner is directed to clear the balance amount payable directly to the first respondent by way of 'five' equal monthly instalments; the first of which shall be effected on or before the 15th of February 2010; to be followed by similar instalments to be effected on or before the 15th of succeeding months. Subject to the above, all further recovery proceedings pursuant to Ext.P2 shall be kept in abeyance. It is also made clear that, if any default is made by the petitioner, the respondent bank will be at liberty to proceed with further steps for realization of the entire amount in a lump sum. It is made clear that it is without prejudice to the right of the second respondent to recover the amount, if any payable by the petitioner in respect of the proceedings already initiated to the extent as permissible in accordance with law. Sd/- P.R.RAMACHANDRA MENON, JUDGE //True Copy// P.A to Judge ab