IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 28TH JANUARY 2011 / 8TH MAGHA 1932 WP(C).No. 35586 of 2010(W) --------------------------------------- PETITIONER: ------------------- AYOOB ALIAS VEERAVU,S/O.ALIYAR, AGED 42 YEARS,RESIDING AT VAZHAKKA MADOM, VALIYATHUNADU,ALUVA TALUK,ALUVA VILLAGE, ERNAKULAM DISTRICT. BY ADVS. SRI.P.M.ZIRAJ, SRI. A.M. ABDULLA. RESPONDENTS: ------------------------ 1. THE VILLAGE OFFICER,ALUVA WEST VILLAGE, ERNAKULAM DISTRICT. 2. THE SPECIAL TAHSILDAR(REVENUE RECOVERY), ALUVA. 3. THE DISTRICT COLLECTOR,ERNAKULAM. *ADDL. R4 IMPLEADED: 4. V.B. BALAKRISHNAN NAIR, S/O. NARAYANA MENON, VADAKKEDATH HOUSE, VELIYATHUNADU.P.O., (VIA), ALANGAD – 683 511. *IMPLEADED VIDE ORDER DTD. 10/01/2011 IN I.A. 123/2011 IN W.P.(C).35586/10-W. R1 TO R3 BY GOVT. PLEADER SRI. BIJOY CHANDRAN, ADDL.R4 BY ADV. SRI.K.SHRIHARI RAO. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. C.K.ABDUL REHIM,J. ------------------------------- WP(C).NO.35586 of 2010 --------------------------------- Dated this the 28th day of January, 2011 JUDGMENT Revenue Recovery proceedings initiated against the petitioner on the basis of Ext.P3 notice is under challenge in this writ petition. The amount sought to be recovered pertains to compensation imposed by the Judicial First Class Magistrate Court, Aluva in ST.No.1692/2005, which was ultimately modified by this court in Crl.R.P. No.1546/2010, through Ext.P1 judgment. Since the liability stands affirmed through Ext.P1 judgment, I find no fault with the Magistrate Court in issuing revenue recovery requisition for realising the amount. 2. However, learned counsel appearing for the petitioner seeks indulgence of this court in permitting payment of the amount under demand in instalments, within a reasonable period. It is noticed that by virtue of an interim order issued on 29.11.2010 the petitioner had already remitted a sum of Rs.75,000/-. The complainant before the Magistrate court was got impleaded herein as additional 4th respondent. WP(C). 35586/2010 2 3. Heard counsel appearing for the addl.4th respondent. It is submitted that the case in question was initiated as early as in the year 2005 and the complainant has not so far received the amount of compensation. 4. Considering various aspects of the case and rival submissions, I am of the view that interest of justice will be served if the petitioner is permitted to make payment of the amount in demand, in a phased manner within a reasonable time. 5. Accordingly the writ petition is disposed of directing respodnents 1 to 3 to keep in abeyance all further coercive steps of recovery on the basis of Ext.P3, provided the petitioner remits payment of the balance amount 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 the revenue recovery authorities shall remit the recoveries to the Magistrate Court concerned and that court will be at liberty to release the amounts to the complainant as and when deposited. 7. It is also made clear that on the event of default WP(C). 35586/2010 3 committed in payment of any of the instalments as stipulated above, the respondents will be free to proceed with further steps and on such event the petitioner will be precluded from raising any subsequent challenge against such proceedings. C.K.ABDUL REHIM,JUDGE pmn/ WP(C). 35586/2010 4