IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 24TH MAY 2010 / 3RD JYAISHTA 1932 WP(C).No. 14340 of 2010(N) -------------------------- PETITIONER: --------------- THE RANNY PAZHAVANGADY GRAMA PANCHAYATH, REPRESENTED BY THE SECRETARY, RANNY, PATHANAMTHITTA. BY ADV. SRI.C.S.MANILAL SRI.S.NIDHEESH RESPONDENTS: --------------- 1. THE DISTRICT COLLECTOR, PATHANAMTHITTA. 2. THE SPECIAL TAHSILDAR, LAND ACQUISITION, PATHANAMTHITTA. BY GOVERNMENT PLEADER ADV. MR. BIJOY CHANDRAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 14340 OF 2010 ......................................................................... Dated this the 24th May , 2010 J U D G M E N T The petitioner Panchayath is stated as constrained to approach this Court, met with the coercive proceedings taken by the respondents invoking the provisions under the Revenue Recovery Act, for realisation of the amount stated as due from the petitioner in connection with the acquisition of certain lands on the requisition of the petitioner. 2. The factual matrix as revealed from the Writ Petition is that the 'Panchayat' wanted to acquire some property for which necessary requisition was made to the Government, based on which the land was acquired under the relevant provisions of the Land Acquisition Act granting compensation to the land owners. Being aggrieved of inadequacy of compensation awarded, proceedings led to Reference and on awarding enhanced compensation, the same had to be satisfied by the Government. W.P.(C) No. 14340 OF 2010 2 Pursuant to the 'Garnishee proceedings' taken by the land owners, in favour of whom enhanced compensation was awarded and in turn, the respondents have demanded the due amount from the 'Panchayat', which could not be satisfied on time, thus leading to coercive steps which are under challenge in this Writ Petition. 3. Heard the learned Government Pleader as well . 4. The learned Counsel for the petitioner submits that the petitioner Panchayath does not intend to press the contentions raised, but for confining the limited prayer to enable the petitioner to have the benefit of reasonable installments . It is also brought to the notice of this Court that the plight of the petitioner Panchayath is not at all sound, having not much 'returns' and that in any view of the matter, the liability will be cleared by way of 'three' equal monthly installments. 5. In the above circumstances, taking note of the facts and circumstances, the petitioner is permitted to wipe out the entire liability by 'three' equal monthly installments, the first of which shall be satisfied on or before 25.06.2010, to be followed by W.P.(C) No. 14340 OF 2010 3 similar installments, to be effected on or before the 25th of the succeeding months. Subject to this, the coercive steps stated as being pursued against the petitioner on the basis of Ext. P2 shall be kept in abeyance. It is made clear that, if any default is committed by the petitioner in effecting the installments as above, the respondents will be at liberty to proceed with further steps for realisation of the entire amount in a lump sum from the stage, where it stands now. The Writ Petition is disposed of. P.R. RAMACHANDRA MENON, JUDGE. lk