IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 24TH FEBRUARY 2009 / 5TH PHALGUNA 1930 WP(C).No. 4362 of 2009(T) ------------------------- PETITIONER(S): --------------- M.K.THOMAS, S/O.KUNJUVARKEY, MULLAPPILLY HOUSE, MADATHUMPADY P.O. VIA POYYA, KODUNGALLORE TALUK, THRISSUR DISTRICT. BY ADV. SRI.L.ALOYSIUS THOMAS RESPONDENT(S): --------------- 1. THE MANAGER, KERALA STATE FINANCIAL ENTERPRISES LTD, IRINJALAKUDA. 2. SPECIAL DEPUTY TAHSILDAR (R.R), KSFE LTD., P.B.NO.510, CHOMBAKA, THRISSUR - 20. ADV. SRI.T.NAVEEN, SC, K.S.F.E. LTD. FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. ------------------------------------------------------ W.P.(C) No. 4362 of 2009-T ---------------------------------------------- Dated, this the 24th day of February, 2009 J U D G M E N T Petitioner has availed a loan which is not repaid. Recovery steps were taken against the petiitoner. Petitioner's counsel questions Ext.P2 and seeks a direction to the Ist respondent to accept the amounts due in monthly instalments and to pay the amount directly to the Ist respondent. Ext.P2 is the sale notice issued under Section 49 (2) of the Revenue Recovery Act. 2. A statement has been filed by the counsel for the respondents. In the said statement it is stated inter alia that the petitioner is liable to pay notice charges, collection charges and other statutory charges. The amount due is Rs.2,62,336/- under the One Time Settlement Scheme. It is stated that the petitioner has after issuance of Ext.P2 notice remitted Rs.10,000/- and WPC No.4362/2009 -2- submitted Ext.R1a representation agreeing to pay Rs.25,000/- per month. The sale was deferred on the petitioner paying Rs.25,000/- per month till all the dues are cleared. But, it is further stated that the petitioner did not care to pay any amount and filed the writ petition. 3. The petitioner has admittedly not mentioned anything about Ext.R1a. However, learned standing counsel for the respondents submits that if the petitioner remits at the rate of Rs.25,000/- per month the respondents will consider the case of the petitioner for One Time Settlement. 4. In such circumstances, the writ petition is disposed of as follows: On condition that the petitioner pays Rs.1,000/- as cost within a period of two weeks from today to the counsel for the respondent KSFE, recovery proceedings pursuant to Ext.P2 will be kept in abeyance, if the petitioner pays at the rate of Rs.25,000/- per WPC No.4362/2009 -3- month and pays all the entire amounts due as per the OTS Scheme in 12 instalments, the first of which shall be paid on or before 2.3.2009. Further instalments shall be paid on or before the 2nd working day of every succeeding months. If the petitioner does not pay any single instalment he will lose the benefit of this judgment and it will be open to the respondents to recover the entire amounts due in accordance with law. (K.M.JOSEPH) JUDGE. MS