IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 7TH JULY 2011 / 16TH ASHADHA 1933 WP(C).No. 14749 of 2011(P) --------------------------------------- PETITIONER(S): ------------------------ K.P.JYOTHISH, KRISHNA KRUPA, MOTTAMMAL ROAD, SOUTH BAZAR, KANNUR-2. BY ADVS. SRI.N.NAGARESH SRI.SHAJI THOMAS PORKKATTIL SRI.BINU PAUL SRI.T.V.VINU RESPONDENT(S): --------------------------- 1. SPECIAL DEPUTY TAHSILDAR (REVENUE RECOVERY), KANNUR-PIN-670 001. 2. VILLAGE OFFICER, KANNUR-PIN-670 001. 3. CHIEF MANAGER, STATE BANK OF TRAVANCORE KANNUR CIVIL STATION BRANCH, KANNUR-PIN-670 002. R1 & R2 BY GOVERNMENT PLEADER SRI.BIJOY CHANDRAN R3 BY ADV. SRI.T.SETHUMADHAVAN ,SC,SBT SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.14749/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE INTIMATION OF PAYMENT OF ARREARS UNDER THE AMNESTY SCHEME,DATED 25/06/2010 ISSUED BY THE COMMERCIAL TAX OFFICE-II CIRCLE,KANNUR. P2 COPY OF THE SECTION 13(2) NOTICE DATED 25/09/2008 ISSUED BY THE 3RD RESPONDENT. P3 COPY OF THE PLAINT IN O.S.NO.337/2008 DATED 26/09/2008 FILED IN THE SUB COURT, TELICHERRY. P4 COPY OF THE WRITTEN STATEMENT IN O.S.NO.337/2010 DATED 28/01/2010 FILED BY THE PETITIONER. P5 COPY OF THE STATEMENT OF ACCOUNTS IN RESPECT OF REMITTANCES MADE BY THE PETITIONER. P6 COPY OF THE I.A.NO.1423/2011 DATED 12/04/2011 FILED BY THE PETITIONER. P7 COPY OF THE DEMAND NOTICE NO.05-77/11-12/BL DATED 10/05/2011 OF THE 1ST RESPONDENT. P8 COPY OF THE DEMAND PRIOR TO ATTACHMENT OF LAND NO.D5-77/11-12/BL DATED 10/05/2011 OF THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 14749 of 2011 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 7th day of July, 2011. J U D G M E N T The petitioner is a defaulter in repayment of loan amounts taken by the 3rd respondent. The 3rd respondent initiated revenue recovery proceedings through respondents 1 and 2, which are challenge in this writ petition. 2. The petitioner does not dispute the liability to pay or the quantum. The petitioner only seeks permission to pay off the amounts in instalments. This is stoutly opposed by the counsel for the 3rd respondent. However, I am of opinion that the respondents can show some more leniency to the petitioner in the matter of paying off the balance amounts due in instalments. Accordingly, the writ petition is disposed of with a direction to the respondents to permit the petitioner to pay off the balance amounts due in 10 equal monthly instalaments starting from 1.8.2011. Every subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioner complies with the above directions, further coercive proceedings shall be kept in abeyance. However, if the petitioner commits default in complying with the above directions or in paying any one instalment, it would be open to the respondents to continue proceedings as now initiated without having to issue any fresh notice or proceedings in that regard. Sd/- S. Siri Jagan, Judge. Tds/