IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 8004 of 2010(A)
1. N.SETHUKUMAR, S/O.KUTTAN M.,
... Petitioner
2. P.V.SUDHISH, S/O.VELAYUDHAN,
3. K.A.KRISHNAN, S/O.ACHUTHAN,
Vs
1. THE SPECIAL DEPUTY TAHSILDAR(RR),
... Respondent
2. THE BRANCH MANAGER,
For Petitioner :SRI.S.K.BALACHANDRAN
For Respondent : No Appearance
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :11/03/2010
O R D E R
P.R.RAMACHANDRA MENON, J
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W.P(C) Nos.8004/2010, 8033/2010, 8034/2010,
8044/2010 & 8082/2010
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Dated this the 11th day of March, 2010.
J U D G M E N T
The issue involved in these cases is with regard to the
sustainability of the action pursued by the respondents for
realisation of the amount stated as due from the petitioners. The
petitioners are subscribers of different chits in three cases and
sureties in the remaining two cases. It is stated that, because of the
default occurred on the part of the petitioners, coercive steps have
been pursued by the respondents, which however is not correct or
sustainable; according to the petitioners, because of the legal and
factual infirmities involved as projected in the Writ Petitions.
2. Heard the learned standing counsel appearing for the
second respondent as well as the learned Government Pleader
appearing for the other respondents.
3. The learned Counsel for the Petitioners submits that
even though the petitioners have raised some legal grounds with
specific reference to some judicial precedents, the petitioners do not
W.P(C) Nos.8004/2010, 8033/2010, 8034/2010,
8044/2010 & 8082/2010 2
intend to press the merits of the said contentions and the limited
prayer now put forth before this Court is to enable the petitioners to
discharge the entire ‘overdue amount’ by giving some breathing
time.
4. The learned counsel for the petitioners submits that the
petitioners have made earnest efforts to arrange necessary funds
and are expecting release of the salary arrears within one month. It
is further submitted that the entire overdue amount, which can only
be less than Rs.2 lakhs, will be cleared by the petitioners on or
before the 30th of April 2010.
5. After hearing both the sides, this Court finds it fit and
proper to grant some breathing time to the petitioners to wipe off
the entire liability under the different chits as stated in the Writ
Petitions. The learned standing counsel for the respondents very
fairly conceded that, taking note of the earnest submission made
from the part of the petitioners, the second respondent is prepared
to give time till 15.5.2010, which of course is a helping hand
extended from the part of the second respondent to liquidate the
liability which can’t but be appreciated.
W.P(C) Nos.8004/2010, 8033/2010, 8034/2010,
8044/2010 & 8082/2010 3
6. In the above circumstances, the petitioner is directed to
clear the entire ‘overdue’ amount on or before 15.5.2010, on which
event, the second respondent shall regularise the accounts in
respect of the chitty transaction and the petitioners will be bound to
satisfy the regular monthly payments, without fail. It is made clear
that, if any default is committed the petitioners in satisfying the
entire ‘overdue’ amount as above or if two consecutive defaults are
made in remitting the monthly instalments, the respondents will be
free to proceed with further steps for realisation of the entire
amount in a lump sum.
The Writ Petitions are disposed of.
Sd/-
P.R.RAMACHANDRA MENON
JUDGE
//True Copy//
P.A to Judge
ab
W.P(C) Nos.8004/2010, 8033/2010, 8034/2010,
8044/2010 & 8082/2010 4