IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 11TH MARCH 2010 / 20TH PHALGUNA 1931 WP(C).No. 8004 of 2010(A) -------------------------------------- PETITIONER(S): ----------------------- 1. N. SETHUKUMAR, S/O.KUTTAN. M., SENIOR ATTENDER, FINANCE DEPT., COCHIN SHIPYARD LTD., RESIDING AT 18/218, SHIPYARD QUARTERS, PANAMPILLY NAGAR, KADAVANTHARA, ERNAKULAM-682 036. 2. P.V. SUDHISH, S/O.VELAYUDHAN, CANTEEN WORKER, COCHIN SHIPYARD CANTEEN, COCHIN. 3. K.A. KRISHNAN, S/O.ACHUTHAN, SENIOR SEMI SKILLED RIGGER, OUT FIT DEPARTMENT, COCHIN SHIPYARD LTD., COCHIN. BY ADV. MR.S.K.BALACHANDRAN RESPONDENT(S): -------------------------- 1. THE SPECIAL DEPUTY TAHSILDAR (RR), THE KERALA STATE FINANCIAL ENTERPRISES LTD., I.S.PRESS BUILDING, BANERJI ROAD, COCHIN-682 018. 2. THE BRANCH MANAGER, KERALA STATE FINANCAL ENTERPRISES, ERNAKULAM SOUTH BRANCH, ERNAKULAM-682 015. R1 BY GOVERNMENT PLEADER MR.BIJOY CHANDRAN R2 BY ADV. MR.M.L. SAJEEVAN, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/03/2010, ALONG WITH WP(C) NO. 8033 OF 2010 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) Nos.8004/2010, 8033/2010, 8034/2010, 8044/2010 & 8082/2010 ---------------------------- Dated this the 11th day of March, 2010. J U D G M E N T The issue involved in these cases is with regard to the sustainability of the action pursued by the respondents for realisation of the amount stated as due from the petitioners. The petitioners are subscribers of different chits in three cases and sureties in the remaining two cases. It is stated that, because of the default occurred on the part of the petitioners, coercive steps have been pursued by the respondents, which however is not correct or sustainable; according to the petitioners, because of the legal and factual infirmities involved as projected in the Writ Petitions. 2. Heard the learned standing counsel appearing for the second respondent as well as the learned Government Pleader appearing for the other respondents. 3. The learned Counsel for the Petitioners submits that even though the petitioners have raised some legal grounds with specific reference to some judicial precedents, the petitioners do not W.P(C) Nos.8004/2010, 8033/2010, 8034/2010, 8044/2010 & 8082/2010 2 intend to press the merits of the said contentions and the limited prayer now put forth before this Court is to enable the petitioners to discharge the entire 'overdue amount' by giving some breathing time. 4. The learned counsel for the petitioners submits that the petitioners have made earnest efforts to arrange necessary funds and are expecting release of the salary arrears within one month. It is further submitted that the entire overdue amount, which can only be less than Rs.2 lakhs, will be cleared by the petitioners on or before the 30th of April 2010. 5. After hearing both the sides, this Court finds it fit and proper to grant some breathing time to the petitioners to wipe off the entire liability under the different chits as stated in the Writ Petitions. The learned standing counsel for the respondents very fairly conceded that, taking note of the earnest submission made from the part of the petitioners, the second respondent is prepared to give time till 15.5.2010, which of course is a helping hand extended from the part of the second respondent to liquidate the liability which can't but be appreciated. W.P(C) Nos.8004/2010, 8033/2010, 8034/2010, 8044/2010 & 8082/2010 3 6. In the above circumstances, the petitioner is directed to clear the entire 'overdue' amount on or before 15.5.2010, on which event, the second respondent shall regularise the accounts in respect of the chitty transaction and the petitioners will be bound to satisfy the regular monthly payments, without fail. It is made clear that, if any default is committed the petitioners in satisfying the entire 'overdue' amount as above or if two consecutive defaults are made in remitting the monthly instalments, the respondents will be free to proceed with further steps for realisation of the entire amount in a lump sum. The Writ Petitions are disposed of. Sd/- P.R.RAMACHANDRA MENON JUDGE //True Copy// P.A to Judge ab W.P(C) Nos.8004/2010, 8033/2010, 8034/2010, 8044/2010 & 8082/2010 4