IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 23RD DECEMBER 2009 / 2ND POUSHA 1931 WP(C).No. 37248 of 2009(A) -------------------------- PETITIONER(S): --------------- D.THANKAMANI, MANI BHAVAN, PANOTTUKONAM, MANJAVILAKAM, THIRUVANANTHAPURAM. BY ADV. SRI.M.R.SARIN PANICKER RESPONDENT(S): --------------- 1. THE MANAGER, KSFE LTD. BRANCH NO.2, NEYYATTINKARA. 2. THE SPECIAL DEPUTY TAHASILDAR(R), K.S.F.E.LTD., NEYYATTINKARA. 3. P.LATHIKA, MONI BHAVAN, PAMKOTTUKONAM, MANCHAVILAKAM.P.O. 4. LALITHA, W/O.RAJENDRA SASIDHAR, ANTHIYYANNOOR, NEYYATTINKARA. 5. BIJU KUMAR, POSTAL ASSISTANT, NEYYATTINKARA POST OFFICE, NEYYATTINKARA. 6. DEPUTY DIVISIONAL MANAGER, OFFICE OF THE CHIEF POST MASTER GENERAL, KERALA CIRCLE, THIRUVANANTHAPURAM. ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI FOR R6 SRI.M.SASINDRAN, SC, K.S.F.E., LTD. FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J. ------------------------------ W.P.(C).No.37248 OF 2009 ------------------------------ Dated this the 23rd day of December, 2009 J U D G M E N T ---------------------- 1. Challenge in this writ petition is against revenue recovery proceedings initiated for realisation of amounts due from the petitioner to respondents 1 and 2, with respect to a chitty transaction as well as a loan transaction. Respondents 3 to 6 are guarantors with respect to such transactions. Eventhough various contentions are raised, the petitioner is confining the relief only to the limited extent of permitting payment of the entire arrears in installments within a reasonable period. 2. Learned standing counsel appearing for the 1st respondent on the basis of instructions submitted that, the arrears outstanding with respect to the chitty transaction and loan account as on today will be more than Rs.2,35,000/- and the petitioner is also liable for payment of future installments as well as interest accrued thereon. Since the amounts are in chronic default the 1st respondent is not favouring in permitting any considerable period for wiping off the liability. 3. However, considering the facts and circumstances I W.P.(C).37248/09-A 2 am of the opinion that indulgence can be shown in the matter of permitting the petitioner to pay off the entire liability within a reasonable time. 4. Accordingly the petitioner is permitted to remit the arrears due, which is sought to be recovered pursuant to Ext.P3 notice, in 6 (six) equal monthly installments falling due on or before 15.1.2010 and on or before the 15th day of the succeeding five months. The 1st respondent shall furnish a balance statement to the petitioner in order to facilitate such payments. If the amounts are paid as directed above without any default, coercive steps of recovery initiated under Ext.P3 notice shall be kept in abeyance. 5. It is made clear that on the event of default in payment of any of the installments as directed above, the respondents are at liberty to proceed with further steps of recovery pursuant to notices already issued. C.K.ABDUL REHIM, JUDGE. okb