IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 17TH MARCH 2011 / 26TH PHALGUNA 1932 WP(C).No. 8327 of 2011(M) --------------------------------------- PETITIONER(S): ------------------------ P.RAMANKUTTY, AGED 61, PALAKAVIL HOUSE, ADAKAPUTHUR.P.O., CHERPULASSERI, PALAKKAD DISTRICT. BY ADVS. SRI.G.SREEKUMAR (CHELUR), SMT. PREETHY KARUNAKARAN, SRI. RAVI.K.(PARIYARATH). RESPONDENT(S): --------------------------- 1. THE DEPUTY TAHSILDAR(REVENUE RECOVERY), OTTAPALAM, PALAKKAD DISTRICT. 678 001. 2. THE KERALA KHADI VILLAGE INDUSTRIES BOARD, THIRUVANANTHAPURAM. 695 001. 3. THE STATE OF KERALA, REP.BY THE SECRETARY TO THE GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 678 001. 4. THE DISTRICT COLLECTOR, COLLECTORATE, PALAKKAD. 678 001. R1, R3 & R4 BY GOVERNMENT PLEADER SRI. BIJOY CHANDRAN R2 BY ADV. SRI. K.P.HARISH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss C.K.ABDUL REHIM, J. ------------------------------- W.P.(C).No.8327 of 2011 ------------------------------- Dated this the 17th day of March, 2011. J U D G M E N T Revenue recovery steps initiated for realising amounts due from the petitioner to the 2nd respondent, is under challenge in this writ petition. It is noticed that the petitioner had approached this Court on an earlier occasion and in Ext.P1 judgment the petitioner was directed to avail the benefit of 'one time settlement scheme,' for which the respondent was directed to consider the request and to pass orders. It is further evident that in Ext.P2, a consequent decision was taken and it was intimated to the petitioner in which the petitioner was directed to make payment of total sum of Rs.8,34,184/- on or before 31.3.2010, which amount was fixed after giving waiver of considerable portion of the interest and other expenses. Since the petitioner had failed to avail the benefit granted through Ext.P2, coercive steps of recovery have now been pursued. 2. It is brought to my notice that the petitioner is suffering from cancerous disease in the 'Rectum'. Ext.P3 2 W.P.(C).No.8327 of 2011 medical certificate is produced to prove the above aspect. Under such circumstances, it is stated that the petitioner is not in a position to make payment of the amounts covered under Ext.P2, in lump sum, before 31.3.2011. Hence the petitioner seeks indulgence of this Court in permitting payment of the amount in a phased manner, within a reasonable period. 3. Heard ; standing counsel appearing for the 2nd respondent. It is submitted that the scheme for 'OTS' facility is available only upto 31.3.2011. Hence the petitioner was insisted for making payment of the amount before the said date. However, it is clarified that the question as to whether any relaxation in time for payment of the amount can be given subject to payment of belated interest, is a matter which need be decided by the 2nd respondent. 4. Under the above circumstances, I am of the view that interest of justice will be served if the petitioner is relegated to the 2nd respondent to seek appropriate relief for permitting payment in a phased manner. 5. In the result, the writ petition is disposed of directing 3 W.P.(C).No.8327 of 2011 the petitioner to make payment of a sum of Rs.1,00,000/- (Rupees one lakh only) on or before 31.3.2011 and to submit a request before the 2nd respondent seeking instalment facility for payment of the balance amount covered under Ext.P2, along with interest for the belated periods. If any such request is received along with payment of the amount as stipulated above, the 2nd respondent shall consider the same and take an appropriate decision thereof, without any further delay. 6. It is further directed that the coercive steps of recovery now initiated pursuant to Ext.P4 shall be kept in abeyance till 31.3.2011. Needless to say that if the petitioner complies with the condition and makes application for permitting instalments payment, further recovery can be pursued only subject to decision which will be taken by the 2nd respondent on such representation. C.K.ABDUL REHIM, Judge ami/