IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 3RD FEBRUARY 2011 / 14TH MAGHA 1932 WP(C).No. 967 of 2011(U) ----------------------------------- PETITIONER: ------------------- SIMON.A, 57 YEARS,S/O.ACHUTHAN, R.R.BHAVAN, MUNDAVANKUNNU,KALLIKKAD, NEYYAR DAM P.O, NEYYATTINKARA TALUK,TRIVANDRUM DISTRICT. BY ADV. SRI.A.F.SEBASTIAN. RESPONDENTS: ------------------------ 1. THE KERALA STATE BACKWARD CLASES DEVELOPMENT CORPORATION LTD, REPRESENTED BY THE DISTRICT MANAGER,TC 5/1700,KELACHNDRA,KOWDIAR P.O, NEAR AMBALAMUKKU, SREE KRISHNASWAMY TEMPLE, THIRUVANANTHAPURAM- 695 003. 2. THE DEPUTY TAHSILDAR,(REVENUE RECOVERY) NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT- 695 121. R1 BY ADV. SRI.C.E.UNNIKRISHNAN,S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/02/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.967 of 2011 ------------------------------------------- Dated this the 3rd day of February, 2011 J U D G M E N T ---------------------- Challenge is against the revenue recovery steps initiated pursuant to Ext.P1 series notices. The amount sought to be recovered pertains to arrears due in a loan account availed by the petitioner from the 1st respondent. According to the petitioner, the coercive steps are now being pursued without taking note of the remittances already made by the petitioner under Ext.P2 series receipts. It is also contended that the revenue recovery steps are now being pursued without affording adequate opportunity to the petitioner to close the account under the 'One Time Settlement Scheme' as intimated through Ext.P3 notice. 2. Considering the contentions raised, I am not satisfied to interfere with the recovery steps or to hold that the petitioner is not liable for payment of the W.P.(C).967/11 -2- amounts due to the 1st respondent. 3. Heard; Standing Counsel appearing for the 1st respondent. It is stated that the arrears at present is more than Rs.1 lakh. However, the respondents shall give due credit to all the payments effected by the petitioner and they are entitled to recover only the balance due. Learned counsel for petitioner made an appeal to this court to permit payment of th balance outstanding in a phased manner within a reasonable time. He also seeks permission to avail the benefit under the 'One Time Settlement Scheme' which is stated to be in force till 15.2.2011. 4. Under the above circumstances the writ petition is disposed of directing the respondents to keep in abeyance all further coercive steps of recovery initiated on the basis of Ex.P1 series notice, subject to condition of the petitioner remitting the entire balance outstanding along with interest and expenses 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. For facilitating such payment W.P.(C).967/11 -3- the petitioner shall be served with a copy of the accounts statement by the 1st respondent within two weeks from today. 5. It is made clear that despite the stipulations contained as above, the petitioner will be at liberty to approach the 1st respondent seeking benefits under the 'One Time Settlement Scheme' by effecting payment in accordance with the terms of such scheme. 6. It is made further clear that on the event of default in payment of any one of the instalments the respondents will be at liberty to proceed with further steps, and on such event the petitioner will be precluded from raising any subsequent challenge against such proceedings. Sd/- C.K.ABDUL REHIM, JUDGE. okb