IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 WP(C).No. 16066 of 2009(C) -------------------------- PETITIONER(S): --------------- 1. ISSAC A.A., S/O.ABRAHAM, AGED 62 YEARS ANIKKAT HOUSE, P.O.PADY, KODALY, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. 2. SARAMMA, W/O.ISSAC, AGED 58 YEARS, -DO-. 3. GRACY PETER, W/O.V.C.PETER, VELIYAMATTATHIL HOUSE, P.O.KODASSERY, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.PAUL JACOB SRI.PEARL K.DAVIS SRI.I.K.RAJU SRI.K.A.HASHIM SRI.K.R.MURALI SRI.M.A.ANZAR SRI.K.M.AJITH RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, THRISSUR DISTRICT. 2. THE TAHSILDAR (RR), MUKUNDAPURAM TALUK. BY GOVERNMENT PLEADER Mr.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J. ----------------------------------------------- WP(C) NO. 16066 OF 2009 ----------------------------------- Dated this the 10th day of June, 2009 JUDGMENT The case of the petitioners is that, the first petitioner was a subscriber to a chitty conducted by M/s. Sreethilakam Chits and Finance Private Limited, Kodakara Branch, Thrissur District and after prizing the chitty in favour of the first petitioner, he was regularly effecting the payments. The second and third petitioners are the sureties. Subsequently, the said Company happened to be wound up in liquidation proceedings and hence the petitioners could not clear the arrears. The case of the petitioners is that they have never been served with any notice in this regard, prior to Ext.P1 demand notice, either from the official liquidator or any other source. The prayer of the petitioners in the present Writ Petition is confined to have an opportunity to clear the entire liability by providing reasonable instalments. 2. Heard the learned Government Pleader as well. 3. Considering the facts and circumstances, the petitioners are permitted to clear the liability shown in Ext.P1, by way of six equal monthly instalments commencing from the 20th of July, 2009; to be followed by the 20th of every succeeding month. Subject to the above, the recovery proceedings WPC NO.16066/2009 2 stated as being pursued against the petitioners shall be kept in abeyance. It is made clear that, if any default is committed by the petitioners, the respondents will be at liberty to proceed with further steps for realisation of the entire due amount in a lump sum. The Writ Petition is disposed as above. (P.R.RAMACHANDRA MENON, JUDGE) dnc