IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 17TH JUNE 2010 / 27TH JYAISTHA 1932 WP(C).No. 18872 of 2010(H) -------------------------- PETITIONER: --------------- K.ABDURAHMAN, S/O.ABDULLA HAJI, DALINTAKATH HOUSE, VELLAYIL, KOZHIKODE DISTRICT. BY ADV. MR.M.MUHAMMED SHAFI RESPONDENTS: --------------- 1. THE TAHSILDAR, KOZHIKODE 673 003. 2. THE VILLAGE OFFICER, NAGARAM VILLAGE, KOZHIKODE-673003. 3. THE OFFICIAL LIQUIDATOR, HIGH COURT OF KERALA, ERNAKULAM-31. GOVERNMENT PLEADER MR. BIJOY CHANDRAN. OFFICIAL LIQUIDATOR MR. K. MONI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. ................................................... WP (C) No. 18872 of 2010 ............................................... Dated this the 17th day of June, 2010 J U D G M E N T ------------------------- The petitioner was the subscriber of a Chitty conducted by M/s. Vyshali Kuries & Investments Pvt. Ltd, Faridabad. But the amounts due under the Chit were not satisfied on time, on the grounds that the Chitty Company was closed down due to mismanagement. Pursuant to the orders passed by this Court the Company was wound up in the due course. C.C.898/05 was filed in CP 61/2000, seeking for realization of the amount stated as due from the petitioner as borne by Exhibit P1 notice. A decree was passed in the matter and despite granting sufficient time to satisfy the liability, the petitioner could not discharge the same because of the poor pecuniary circumstances. This in turn led to coercive proceedings under the R.R. Act as borne by Exhibit P2. It is 2 WP (C) No. 18872 of 2010 submitted that the petitioner is not in a position to make the payment of this huge amount as he is laid up for the last so many months, due to Cardiac diseases and other old age ailments as revealed from Exhibit P3. Learned counsel for the petitioner submits that the petitioner may be permitted to clear the liability in a phased manner. 2. Heard the learned standing counsel appearing for the third respondent and the learned Government Pleader for respondents 1 and 2. 3. Considering the facts and circumstances, the petitioner is directed to clear the entire liability showing in Exhibit P2, by way of 'six' equal monthly installments, the first of which shall be effected on or before 15th of July, 2010; to be followed by similar installments, to be effected on or before 15th of the succeeding months. Subject to this, all further coercive proceedings pursuant 3 WP (C) No. 18872 of 2010 to Exhibit P1 and P2 shall be kept in abeyance. It is made clear that, if any default is committed by the petitioner in satisfying the due amount as above, it will open to the respondents to proceed with further steps for realization of the entire amount in a lump sum. The Writ Petition is disposed of, as above. P.R. RAMACHANDRA MENON, JUDGE. rkc