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.
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W.P.(C) 10004 of 2008
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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/-