IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 18TH FEBRUARY 2008 / 29TH MAGHA 1929 WP(C).No. 967 of 2008(M) ------------------------------------ O.S. NO.389/1996 OF MUNSIFF,ALAPPUZHA. .................... PETITIONER: ------------------- SARASWATHY, D/O BHARATI, RESIDING AT UMAPARAMBU VELIYIL, VADACKAL P.O., ALAPPUZHA. BY ADV. SMT.C.G.BINDU, SMT.C.G.AJITHA, SMT.D.SARITHA, SMT.M.K.RAJITHA. RESPONDENTS: ----------------------- 1. R.KAMALAMMA, CHEKKEKALAM, PUNDHALA, THOTTAPPILLY, PURAKKAT P.O., ALAPPUZHA. 2. NALINI, ANCHILCHIRAYIL, ANAPRAMBAL NORTH MURI, THALAVADY VILLAGE, KUTTANADU TALUK. BY ADV. SMT.R.RANJINI, ADV. SRI.S.RENJITH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/02/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.967/2008-M: APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE TABLE OF GENEALOGY. EXT.P.2: COPY OF THE JUDGMENT DTD. 26/05/98 IN O.S. NO. 389/96 OF PRINCIPLE MUNSIFF'S COURT, ALAPPUZHA. EXT.P.3: COPY OF THE OBJECTION DTD. 21/06/2007 I.A. NO. 2370/07 SUBMITTED BY THE R.1. EXT.P.4: COPY OF THE OBJECTION ON 12/07/2007 TO EXHIBIT P.3. APPLICATION FILED BY PETITIONER. EXT.P.5: COPY OF THE ORDER DTD. 07/11/2007 IN I.A. NO. 2370/07 IN I.A. 1494/02 AND I.A. NO. 1493/07 IN O.S. NO. 389/96. EXT.P.6: COPY OF THE S.A. 443/02. RESPONDENT'S EXHIBITS: EXT.R1.(1): COPY OF THE JUDGMENT IN A.S. NO. 110/2000. EXT.R1.(2): COPY OF THE I.A. NO. 1752/2007 IN S.A. NO. 443/2002. //TRUE COPY// prv. PIUS C. KURIAKOSE & S. SIRI JAGAN, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - W.A. No. 967 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of April, 2008 JUDGMENT PIUS C. KURIAKOSE, J. This writ appeal is directed against the interim order passed by a learned single Judge of this court in W.P.(C) No.213/08. The writ petition was filed for quashment of Ext.P1 order of the District Collector permitting continuance of revenue recovery proceedings against the appellant for recovery of the amount due from him to the Kerala Agro-Industries Corporation Limited as well as for quashment of Ext.P2 revisional order under Section 83(1) of KRR Act issued by the Land Revenue Commissioner and Ext.P9 order of the Government. Learned single Judge under the impugned order has modified his earlier order declining stay and has granted stay for two months on condition that the petitioner remits a sum of Rs.10,000/- within three weeks. 2. When this writ petition come up for admission we have heard the submissions of learned counsel for the appellant and the learned Government Pleader, who accepted notice on behalf of the respondents. The submissions of Sri. Thomas Abraham, learned counsel for the appellant, were persuasive. However, we are unable W.P.C.No. - 2 - to find any infirmity about the impugned order which as already indicated is only an interim order. However, considering the precarious health condition of the appellant said to be an octogenarian who recently had amputation of one of his limbs, we are inclined to extend the instalment facility to the petitioner in the matter of remitting the amount mentioned in the impugned order. Therefore, we dispose of the writ appeal modifying the interim order to the limited extent of extending instalment facility to the petitioner. Petitioner will pay the amount mentioned in the interim order in three equal instalments of Rs.5,000/- each. The first instalment will be paid on 15.5.08 and the second and third instalments will be paid respectively on 30.5.08 and 15.6.08. In the event of any single default, the petitioner will forfeit the instalment facility granted to him under this judgment in which case the impugned order will stand confirmed without any modification. PIUS C.KURIAKOSE, JUDGE S. SIRI JAGAN, JUDGE vps