IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930 WP(C).No. 9614 of 2008(T) ------------------------- PETITIONER: ------------ ANNAMMA PAPPACHAN,VETTICKKAL [H], CUMBUMMETTU, KARUNAPURAM, KARUAPURAM VILLAGE, UDUMBANCHOLA TALUK. BY ADV. SMT.E.V.MOLY RESPONDENTS: ------------- 1. DY. TAHSILDAR [R.R], UDUMBANCHOLA, KARUNAPURAM. 2. E.K.SABU, SUBIN TRADERS, CUMBUMMETTU, EDATHUPARLAMBIL [H], KOLLAMPATTADA, KUMALI VILLAGE PERUMEDU TALUK. 3. STATE OF KERALA REPRESENTED BY MINISTRY OF REVENUE, SECRETARIAT TRIVANDRUM. BY G.P. SRI. K.P. PRADEEP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 9614 OF 2008 -------------------------------------------- Dated this the 24th day of March, 2008 JUDGMENT Petitioner is a guarantor for granting registration to the second respondent. Consequently, an amount of Rs. 1 lakh can be recovered from the petitioner under the bond executed by the petitioner. However, petitioner's case is that second respondent obtained judgment from this Court in W.P.C.No. 9528 of 2008 whereunder this Court granted instalment facility to the second respondent. Petitioner's information is that first instalment is due on or before 31.3.2008. If second respondent has obtained instalment facility from this Court and is remitting the amount, then there is no scope for recovery from the petitioner. In the circumstances, first respondent is directed to withhold recovery proceedings till 1.4.2008 and verify with the assessing officer whether second respondent is making payment in terms of the directions contained in the judgment above referred. If second respondent is making payment in terms of instalment facility granted by this Court, recovery proceedings against the petitioner will 2 be recalled as and when full payments are made. However, if the second respondent commits default in payment of any instalment, then the amount covered by the bond will be recovered from the petitioner immediately thereafter. W.P. is disposed of as above. (C.N. RAMACHANDRAN NAIR) Judge kk 3