High Court Kerala High Court

K. Rasiya vs State Of Kerala on 25 March, 2008

Kerala High Court
K. Rasiya vs State Of Kerala on 25 March, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 10004 of 2008(N)


1. K. RASIYA, AGED 37 YEARS
                      ...  Petitioner
2. K. KAMARUDHEEN, AGED     YEARS

                        Vs



1. STATE OF KERALA, REP. BY
                       ...       Respondent

2. THE KERALA KHADI & VILLAGE INDUSTRIES

3. THE SPECIAL TAHSILDAR, REVENUE RECOVERY

                For Petitioner  :SRI.MANJERI SUNDERRAJ

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :25/03/2008

 O R D E R
                         ANTONY DOMINIC, J.
             ------------------------------------
                        W.P.(C) 10004 of 2008
            -------------------------------------
                        Dated: MARCH 25, 2008

                              JUDGMENT

Ext.P5 notice of sale of immovable property issued under the

provisions of the Revenue Recovery Act is under challenge.

2. I heard the standing counsel for the 2nd respondent also.

3. Petitioners are admittedly defaulters to the 2nd respondent.

According to the standing counsel for the 2nd respondent, presently

an amount of Rs.8,43,719/- is due from the petitioners. It is for

realising the said amount, recovery proceedings have been initiated

by Ext.P5.

4. When the matter was taken up for hearing, all that the

counsel for the petitioners sought was an instalment facility to

discharge the liability and thus to avoid the coercive action pursuant

to Ext.P5.

5. Having regard to the submissions made above, I dispose of

this writ petition directing that the amount due in terms of Ext.P5

WP(C) 10004/08
Page numbers

shall be paid by the petitioners in six equal monthly instalments,

the first of which will be payable on or before 31st March, 2008 and

the subsequent instalments before the end of every succeeding

month. Subject to payment as above, further proceedings pursuant

to Ext.P5 will stand stayed and in case the petitioner commits

default in paying any one of the instalments, the respondents will be

free to continue the action they have initiated.

ANTONY DOMINIC, JUDGE

mt/-