Naushad Muhammed P.A vs The Kerala State Financial … on 22 August, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 25307 of 2008(K)


1. NAUSHAD MUHAMMED P.A.,
                      ...  Petitioner

                        Vs



1. THE KERALA STATE FINANCIAL ENTERPRISES
                       ...       Respondent

2. THE BRANCH MANAGER,

3. SPECIAL DEPUTY TAHSILDAR (R.R)

                For Petitioner  :SRI.MVS.NAMBOOTHIRY

                For Respondent  :SRI.T.NAVEEN, SC, K.S.F.E. LTD.

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :22/08/2008

 O R D E R
                       ANTONY DOMINIC, J.

            --------------------------------------------------------

                      W.P.(C) 25307 of 2008

            --------------------------------------------------------

                    Dated: AUGUST 22, 2008

                               JUDGMENT

Faced with Exts.P1 and P2 revenue recovery

proceedings initiated against the petitioner for the amount

that was due to the 1st respondent, this writ petition is filed.

Though several contentions are raised, what is now pressed

before me is an instalment facility to discharge the liability.

2. I heard the learned counsel appearing for the

respondents, who points out that in view of the fact that

substantial amounts are due, indulgence should not be

shown to the petitioner.

3. However, having regard to the limited nature of the

relief that is sought for in this writ petitioner, I feel that

instalment facility can be granted so that the petitioner can

discharge the debt and avert coercive action and at the

same time, the respondent can also realise its dues. On

that basis I dispose of this writ petition with the following

WP(C) 25307/08
2

directions:-

i. That within three weeks from today, petitioner

shall remit an amount of Rs.1 lakh with the 2nd

respondent.

ii. Subject to such payment, further proceedings

pursuant to Exts.P1 and P2 will be kept in

abeyance.

iii. The balance amount due from the petitioner shall

be paid in 10 equal monthly instalments. The 1st

instalment shall be paid by the petitioner on or

before 15.10.2008, and the subsequent

instalments shall be paid on or before the 15th of

every succeeding month.

iv. In case any default is committed by the petitioner

in paying the amount as above, the respondents

will be free to continue the proceedings without

further notice to the petitioner.

ANTONY DOMINIC, JUDGE

mt/-