IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 11TH JUNE 2009 / 21ST JYAISHTA 1931 WP(C).No. 16156 of 2009(L) ----------------------------------------- PETITIONER(S): -------------------------- 1. P.C.SANKARANKUTTY,S/O.CHAMI, AGED 40 YEARS,PARAPURATH PARAMBIL HOUSE, P.O.PUDUKKAD,THEKKE ROAD,MUKUNDAPURAM TALUK. 2. SEETHA,W/O.P.C.SANKARANKUTTY,PARAPURATH PARAMBIL HOUSE,P.O.PUDUKKAD,THEKKE ROAD, MUKUNDAPURAM TALUK. BY ADV.MR.V.M.KRISHNAKUMAR RESPONDENT(S): ---------------------------- 1. THE DISTRICT COLLECTOR,THRISSUR. 2. THE DEPUTY TAHSILDAR(REVENUE RECOVERY), MUKUNDAPURAM. 3. THE VILLAGE OFFICER,NENMANIKKARA VILLAGE OFFICE,NENMANIKKARA. 4. THE OFFICIAL LUQUIDATOR,HIGH COURT OF KERALA,ERNAKULAM. R1 TO R4 BY GOVERNMENT PLEADER MR. BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.R. RAMACHANDRA MENON, J. ........................................................................ W.P.(C) No. 16156 OF 2009 ......................................................................... Dated this the 11 th June, 2009 J U D G M E N T The first petitioner was a subscriber to the chitty conducted by M/s. Sri Thilakam Chits and Finance (P) Ltd., which went into liquidation and the second petitioner was one of the guarantors. The case of the petitioners is that though they were prompt in effecting payments, they could not continue the same because of the liquidation proceedings as above and further that since no notice whatsoever was actually served upon the petitioners. 2. It is also pointed out by the learned counsel for the petitioners that in the Company Application preferred in this regard, the petitioners were declared as ex parte and that they have already moved the Company Court by filing necessary petition to get it set aside, which is stated as pending. The learned Counsel for the petitioners further submits that notwithstanding the contentions raised by the petitioners, they W.P.(C) No. 16156 OF 2009 2 are ready and willing to wipe out the entire liability pursuant to the demand made as per Ext.P2. 3. In the above circumstances, the petitioners are permitted to clear the liability as mentioned in Ext.P2, by way of four regular monthly instalments, the first of which shall be effected on or before 30th of this month and subsequent instalments shall be paid on or before 30th of the succeeding months. It is made clear that if any default is committed in remitting the payments as above, the respondents will be at liberty to pursue further steps on the basis of Ext.P2 for realisation of the entire due amount, as specified. The Writ Petition is disposed of as above. P.R. RAMACHANDRA MENON, JUDGE. lk