IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 11TH FEBRUARY 2010 / 22ND MAGHA 1931 WP(C).No. 408 of 2010(A) ------------------------ PETITIONER(S): --------------- C.P.JOHN, AGED 47, S/O.JOHN, CHANDRAVIRUTHIL HOUSE, KULLAKADU, THIRUVALLA VILLAGE & TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.JOSEPH GEORGE RESPONDENT(S): --------------- 1. THE DEPUTY TAHSILDAR (R.R), TALUK OFFICE, THIRUVALLA, PATHANAMTHITTA DISTRICT. 2. THE DISTRICT COLLECTOR, COLLECTORATE, PATHANAMTHITTA. 3. DENZIL MATHEW, AGED ABOUT 33, S/O.K.T.MATHEW, ANN VILLA, KULANGARA BHAGOM, CHAVARA, KOLLAM DISTRICT. ADV. SRI.S.SUNIL NARAYANAN FOR R3 SRI.SAJJU.S GOVERNMENT PLEADER SRI.MATHEW VADAKKEL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No. 408/2010 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 : TRUE PHOTOCOPY OF NOTICE ISSUED UNDER SECTION 7 OF THE RR ACT DATED 18.12.2009. EXHIBIT P2 : TRUE PHOTOCOPY OF NOTICE ISSUED UNDER SECTION 34 OF THE RR ACT DATED 18.12.2009. EXHIBIT P3 : TRUE PHOTOCOPY OF THE LETTER SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 04.01.2010. /TRUE COPY/ P.A. TO JUDGE. P.R. RAMACHANDRA MENON, J. ----------------------------------------------- WP(C) No. 408 of 2010 ----------------------------------- Dated, this the 11th day of February, 2010 J U D G M E N T The petitioner is aggrieved of the coercive steps taken under the Kerala Revenue Recovery Act in connection with the amounts liable to be paid to the 3rd respondent pursuant to the orders passed by the CDRF No. 345/2007. 2. The petitioner has raised many a contention in the Writ Petition. However, the learned counsel for the petitioner submits that the petitioner is ready and willing to satisfy the entire liability, provided some breathing time is given by way of reasonable instalments. It is also brought to the notice of this Court that the condition imposed by this Court while granting the interim order to maintain the 'status quo' on 11.01.2010 has been satisfied and that the petitioner has deposited a sum of Rs.1,00,000/-, though belatedly on 29.01.2010. 3. The learned counsel appearing for the 3rd respondent very fairly conceded to the proposal made from the part of the petitioner to provide ‘ten’ equal monthly instalments, to wipe off the entire outstanding liability. 4. In the above facts and circumstances, the petitioner is WP(C) No.408/2010 2 permitted to clear the entire outstanding arrears by way of ‘ten’ equal monthly instalments, the first of which shall be effected on or before the 10th of March, 2010, to be followed by similar instalments to be effected on or before the 10th of the succeeding months. Subject to the above, all further proceedings pursuant to Exts.P1 and P2 shall be kept in abeyance. It is also made clear that, if any default is committed by the petitioner in satisfying the liability as above, the respondent will be at liberty to proceed with further steps from the stage where it stands now, for realisation of the entire amount in a lump sum. The Writ Petition is disposed of accordingly. P. R. RAMACHANDRA MENON JUDGE dnc