IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 17TH OCTOBER 2011 / 25TH ASWINA 1933 WP(C).No. 27361 of 2011(U) -------------------------- PETITIONER : --------------------- NOUSHAD.A, S/O.ABUBACKER KUNJU, AYANIVILAYIL HOUSE, KIDANGAYAM NORTH, SOORANADU SOUTH, PATHARAM P.O., KOLLAM DISTRICT-690 567. BY ADV. SRI. V. PHILIP MATHEW RESPONDENT(S): -------------------------- 1. KERALA STATE FINANCIAL ENTERPRISES LTD., CORPORATE OFFICE, THRISSUR-680 020, REPRESENTED BY ITS MANAGING DIRECTOR. 2. KERALA STATE FINANCIAL ENTERPRISES LTD., SASTHAMCOTTA BRANCH, KOLLAM, REPRESENTED BY ITS BRANCH MANAGER-690 521. 3. THE SPECIAL DEPUTY TAHSILDAR (RR), OFFICE OF THE SPECIAL DEPUTY TAHSILDAR (RR), KERALA STATE FINANCIAL ENTERPRISES LTD., KOLLAM-691 001. R1 & R2 BY ADV. SRI.M.K.CHANDRAMOHAN DAS, SC, KSFE SRI. M.L. SAJEEVAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 27361 of 2011(U) APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1- COPY OF THE DEMAND NOTICE DATED 3.5.2011 BY THE 3RD RESPONDENT. EXHIBIT P2- COPY OF THE RECEIPT ISSUED BY THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE Mn S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.27361 OF 2011 ---------------------------------------------- Dated this the 17th day of October, 2011 JUDGMENT The petitioner challenges proceedings under the Revenue Recovery Act initiated by the respondents for recovery of the amounts due from the petitioner to the respondents 1 and 2 in respect of a chitty conducted by respondents 1 and 2. The petitioner does not dispute the liability to pay or the quantum. The petitioner only seeks facility to pay off the amounts due in instalments. 2. This is opposed by the learned counsel for the KSFE. However, taking a lenient view, I dispose of this writ petition with the following directions: The respondents shall permit the petitioner to pay off the balance amount due in ten equal monthly instalments starting from 1.12.2011. Every subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioner pays the instalments on due dates without default, further proceedings under the Act shall be kept in abeyance. However, if W.P.(C)No.27361/11 2 the petitioner commits default in payment of any one of the instalments, 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. S. SIRI JAGAN, JUDGE acd W.P.(C)No.27361/11 3