IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 WP(C).No. 27181 of 2008(J) -------------------------- PETITIONER: ------------ ANNAMMA GEORGE, AGED 90, W/O. KURIAN GEORGE, PLAMPARAMBIL HOUSE, THIRUMOOLAPURAM, THIRUVALLA. BY ADV. SRI.R.SANTHOSH BABU RESPONDENTS: ------------- 1. THE KERALA STATE FINANCIAL ENTERPRISES LTD., REPRESENTED BY ITS MANAGING DIRECTOR, REGISTERED OFFICE, BHADRATHA.P.O, BOX 510, MUSEUM ROAD, CHEMPUKKAVU, THRISSUR. 2. THE DISTRICT COLLECTOR, PATHANAMTHITTA. 3. THE MANAGER, K.S.F.E LTD., THIRUVALLA. 4. SPECIAL DEPUTY TAHSILDAR (RR), K.S.F.E LTD., KOLLAM. R2 BY GOVT. PLEADER SMT. K.R. DEEPA. R1, R3 & R4 BY S.C. MR. M.L. SAJEEVAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = = W.P.(C) No. 27181 OF 2008 J = = = = = = = = = = = = = = = = = Dated this the 5th day of September 2008 J U D G M E N T Petitioner, a guarantor to a prized chitty subscribed by her son, is now facing revenue recovery proceedings on account of the default committed by the subscriber. It is seen from Ext. P3 that recovery proceedings have reached almost the final stages and sale is going to be scheduled. 2. Standing counsel for the 1st respondent submits that when recovery proceedings were initiated against the principal debtor, her son, he had approached this Court by filing W.P.(C) No. 17634/06 and had obtained an instalment facility to discharge the liability. It is stated that payments were not made even though time was got extended. The matter was thereafter taken up before the Adalath where also he undertook to pay, but however, payments were not made. It is in these circumstances, coercive action was taken by the 1st respondent. W.P.(C) No. 27181 OF 2008 -2- 3. As rightly pointed out by counsel for the 1st respondent, it was on account of the consistent default committed by the principal debtor, that the 1st respondent had to take coercive action. In this factual background the same cannot be faulted. But then having regard to the fact that the petitioner is a very old lady and she is making promise to pay the amount, I feel that yet another opportunity could be given to her. 4. Accordingly, I direct that the petitioner will be permitted to pay the amount due in 4 equal monthly instalments, the first of which shall be paid by the petitioner on or before 20.9.2008 and the subsequent instalments before the 20th of every succeeding month. Subject to payment as above, further proceedings in pursuance to Ext. P3 will be kept in abeyance and in case the petitioner commits default in paying any one of the instalments, it will be open to the 1st respondent to continue the recovery proceedings. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE jan/-