IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 12TH JANUARY 2011 / 22ND POUSHA 1932 WP(C).No. 37277 of 2010(H) -------------------------- PETITIONER: ------------------ M.P.ABDUL KHADER,S/O.A.P.KUNHIMOIDEEN HAJI,AGED 62 YEARS,NO OCCUPATION,RESIDING AT ZEENATH MANZIL,ICE PLANT ROAD,NEAR PUBLIC WELL, QUILANDY P.O.,KOZHIKODE-673305. BY ADV. SRI.V.RAMKUMAR NAMBIAR RESPONDENTS: ---------------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY, INDUSTRIES DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF INDUSTRIES, DIRECTORATE OF INDUSTRIES & COMMERCE, VIKAS BHAVAN, THIRUVANANTHAPURAM. 3. THE TAHSILDAR, TALUK OFFICE, TALIPARAMBA TALUK, KANNUR DISTRICT. 4. THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, KANNUR. BY GOVT.PLEADER SRI.BIJOY CHANDRAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J. = = = = = = = = = = = = = = WP(C).No.37277 of 2010-H. = = = = = = = = = = = = = = Dated this the 12th January, 2011. J U D G M E N T The issue involved in this writ petition pertains to recovery of amounts of margin money loan sanctioned from the 2nd respondent for the industry run by the petitioner. According to the petitioner, the said industry was totally destroyed in a fire accident which occurred in the year 1999 and the petitioner was not able to revive the industry. The petitioner is in huge liability which is due to various financial institutions. However, it is stated that the most of the liabilities were already settled after strenuous efforts. With respect to the margin money loan availed by the petitioner from the 2nd respondent, recovery steps were initiated resorting to the provisions under the Kerala Revenue Recovery Act. Steps for attachment and sale of the immovable properties were initiated. This writ petition was filed when the property was proclaimed by sale under WP(C).No.37277 of 2010-H. 2 Ext.P3 notice. 2. By virtue of an interim order issued on 15.12.2010 further steps of recovery was stayed by this Court subject to condition of the petitioner remitting a sum of ` 1,00,000/- . It is stated that the amount was paid by the petitioner in compliance of the order, on 13.12.2010. It is noticed from Ext.P3 that the amount demanded is ` 2,51,376/- along with interest, collection charges. Going by averments contained in the writ petition or the grounds raised thereunder I do not find any legally tenable reason to hold that the petitioner is not liable for payment of amount claimed. Therefore, I am of the view that the writ petition deserves no merit and the same is liable to be dismissed. 3. However, learned counsel appearing for the petitioner appealed to this Court that, the petitioner is in a stringent financial condition and he is not in a position to make payment of the balance amount in a lump sum. On the other hand, limited prayer of the petitioner is only to WP(C).No.37277 of 2010-H. 3 permit payment of the balance amount in a phased manner, within a reasonable time. 4. Considering the facts and circumstances of the case, I am of the opinion that even though interference on merit is not possible, indulgence can be shown in permitting payment of the amounts in instalments. 5. Accordingly, the writ petition is disposed of directing the 3rd respondent to keep in abeyance all further recovery steps initiated on the basis of Ext.P3 notice, permitting the petitioner to remit the entire balance amount along with interest if any due in 6 (six) equal monthly instalments falling due on or before 28.2.2011 and on or before the last day of the succeeding months. 6. It is made clear that on the event of any default in payment of any one of the instalments, the respondents will be free to proceed with further steps. It is also made clear that the directions contained in this Judgment will not prevent the petitioner from approaching the authority WP(C).No.37277 of 2010-H. 4 seeking waiver of interest and expenses, offering settlement of payment under any 'OTS' scheme. Needless to say that the respondents will be at liberty to consider such request notwithstanding the directions contained above. C.K.ABDUL REHIM, (Judge) Kvs/-