IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 3RD FEBRUARY 2011 / 14TH MAGHA 1932 WP(C).No. 920 of 2011(L) ----------------------------------- PETITIONERS/PETITIONERS: ------------------------------------------ 1. PRASAD A.S., AGED 35 YEARS, S/O. SUSEELA DEVI, VELYAARAPPURA VEEDU, ARAYOOR, CHENKAL VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. 2. PRAMEELA A.S., AGED 41 YEARS, D/O.SUSEELA DEVI, VELYAARAPPURA VEEDU, ARAYOOR MAUI, CHENKAL VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.AJITH MURALI. RESPONDENTS: ------------------------ 1. THE BRANCH MANAGER, THE KERALA STATE FINANCE ENTERPRISES LTD., PARASALA BRANCH, THIRUVANANTHAPURAM DISTRICT, PIN-695 122. 2. THE SPECIAL DEPUTY COLLECTOR (R.R.), THE KERALA STATE FINANCE ENTERPRISES LTD., AKSHYA SHOPPING COMPLEX, PARASALA BRANCH, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT, PIN-695 121. 3. THE VILLAGE OFFICER, CHENGAL VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT, PIN-695 121. R1 & R2 BY SRI. M.L. SAJEEVAN, S.C, ADV. SRI.K.S.HARIHARAPUTHRAN.S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/02/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.920 of 2011 ------------------------------------------- Dated this the 3rd day of February, 2011 J U D G M E N T ---------------------- The 1st petitioner is the subscriber of a chitty conducted by the 1st respondent. The prize amount of the chitty was received by furnishing security through mortgage of immovable property belonging to the 2nd petitioner, who is the sister of the 1st petitioner. 2. Consequent to default committed in payment of the future subscriptions, revenue recovery steps were initiated and property belonging to the 2nd petitioner was proclaimed for auction sale through Ext.P2 notice. Contention of the petitioner is that the demand raised is excessive and that the coercive steps now initiated against the property wherein the petitioner is residing, is illegal and arbitrary. It is contended that the petitioners are not in a position to pay off the liability in a lump sum. W.P.(C).920/11 -2- 3. Eventhough this court was not convinced that there exist any merit in contentions raised, indulgence was shown in restraining sale proceedings, subject to condition of the petitioner remitting a sum of Rs.50,000/-. It is stated that the stipulation has already been complied with. Learned counsel appearing for the petitioners made an appeal to this court to permit payment of the balance amount in instalments within a reasonable time. 4. Heard; Standing Counsel appearing for the 1st respondent. Eventhough interference on merits is not justified, I am of the view that interest of justice will be served if the petitioners are permitted to pay off the entire amounts due, in instalments, with a view to save the residential property of the petitioners from being sold through auction sale. 5. Under the above mentioned circumstances, the writ petition is disposed of directing the respondents to keep in abeyance all further coercive steps for sale of the immovable property pursuant to the revenue recovery steps W.P.(C).920/11 -3- initiated provided the petitioners remitting the entire balance outstanding along with interest and expenses if any due in 8 (eight) equal monthly instalments, falling due on or before 28.2.2011 and on or before the last day of the succeeding months. 6. It is made clear that the attachment if any effected against the property shall continue till payment of the entire balance. 7. It is further made clear that on the event of default in payment of any one of the instalments, the respondents will be at liberty to proceed with further steps and on such event the petitioners will be precluded from raising any subsequent challenge against such proceedings. Sd/- C.K.ABDUL REHIM, JUDGE. okb