IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 9TH NOVEMBER 2009 / 18TH KARTHIKA 1931 WP(C).No. 31827 of 2009(W) --------------------------------------- PETITIONER: ------------------- JOSHI K.P., S/O.PAULOSE K.V., KOLENCHERRY HOUSE, VELLIKULANGARA P.O., MONADI, MUKUNDAPURAM. BY ADV. SMT.SANDHYA RAJU. RESPONDENTS: ------------------------ 1. OFFICIAL LIQUIDATOR, HIGH COURT OF KERALA, CARMEL BUILDINGS, BANERJI ROAD, ERNAKULAM, COCHIN-18. 2. DEPUTY TAHSILDAR, REVENUE RECOVERY, MUKUNDAPURAM. R1 BY ADV. MR.K.MONI, R2 BY SR. GOVT. PLEADER MR. MATHEW GEORGE VADAKKEL. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/11/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. C.K.ABDUL REHIM, J. ------------------------------ W.P.(C).No.31827 OF 2009 ------------------------------ Dated this the 9th day of November, 2009 J U D G M E N T ---------------------- 1. Matter arises under a company case, on the basis of a claim filed by the 1st respondent, with respect to M/s. Sreethilakam Chits and Finance (P) Limited (under liquidation). The petitioner along with two others were permitted to pay off the entire liability due to the company, in installments of Rs.2000/- each on every month, together with interest @ 6% per annum from 5.4.1998 onwards, till the entire liability is wiped off. Eventhough some of the installments were remitted as per Ext.P2, continued payment was defaulted. Under such circumstances the petitioner again approached this court in a writ petition and in Ext.P4 judgment further indulgence was shown in permitting the petitioner to pay off the entire liability in 3 equal monthly installments starting from 25.9.09 onwards. According to the petitioner he had remitted the entire amounts as stipulated in Ext.P2 within the time extended through Ext.P4 judgment. Complaint of the petitioner is that 1st respondent is not settling the account and withdrawing the revenue recovery proceedings, raising dispute regarding rate of interest due from the petitioner. W.P.(C).31827/09-W 2 2. Having considered facts and circumstances of the case I am of the opinion that the matter can be disposed of directing the 1st respondent to settle the issue taking note of Ext.P1 and P4 judgments. If the petitioner had complied with payments as stipulated therein, the 1st respondent shall take steps to withdraw the revenue recovery proceedings. A decision in this regard shall be taken as early as possible, at any rate within a period of two weeks from the date of receipt of a copy of this judgment. The 2nd respondent is directed to keep in abeyance all further coercive steps pursuant to Ext.P3 notice till a decision is taken by the 1st respondent as directed above. C.K.ABDUL REHIM, JUDGE. okb