IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 15TH JULY 2010 / 24TH ASHADHA 1932 WP(C).No. 22063 of 2010(G) ---------------------------------------- PETITIONER(S): ------------------------ MOIDU.M.P., S/O. ABDULLA, MEETHALE PADINHARE VEETTIL,CHEKKIYAD, PULIYAVIL POST, VATAKARA, KOZHIKODE DISTRICT. BY ADVS. SRI.K.P.SUDHEER SRI.V.C.MADHAVANKUTTY RESPONDENT(S): ---------------------------- 1. THE SPECIAL DEPUTY TAHSILDAR (R.R) K.S.F.E. LIMITED, KALLAI ROAD, KOZHIKODE-08. 2. THE KERALA STATE FINANCIAL ENTERPRISES LIMITED KALLACHI BRANCH, VATAKARA, KOZHIKODE-08, REPRESENTED BY ITS MANAGER. R1 BY SR. GOVT. PLEADER SRI.BIJOY CHANDRAN R2 BY ADV. SRI.M.L.SAJEEVAN, SC, K.S.F.E., LTD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No.22063 of 2010-G ---------------------------- Dated this the 15th day of July, 2010. J U D G M E N T The petitioner was a surety to the loan availed by his son from the second respondent. The liability could not be cleared on time, under which circumstances, the respondents proceed with the steps under the Kerala Revenue Recovery Act, which is under challenge in this Writ Petition. 2. The learned counsel for the petitioner submits that, the petitioner does not intend to press any of the grounds raised in the Writ Petition but for to permit the petitioner to clear the entire outstanding liability by way of reasonable instalments. 3. Heard the learned standing counsel as well, who submits that the outstanding liability as on date is Rs.1 lakh plus further interest and cost, as shown in Ext.P1 and P1(a). 4. In the above circumstances, the petitioner is permitted to clear the entire outstanding liability by way of 'five' equal monthly instalments; the first of which shall be effected on or before the 30th of July 2010; to be followed by similar instalments to be effected on W.P(C) No.22063 of 2010-G 2 or before the 30th of the succeeding months. Subject to this, all further coercive proceedings pursuant to Exts.P1 and P1(a) 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 be open to the respondents, to proceed with appropriate steps for realisation of the entire amount in a lump sum. The Writ Petition is disposed of. Sd/- P.R.RAMACHANDRA MENON JUDGE //True Copy// P.A to Judge ab