IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 25359 of 2008(R)
1. MOHAMMED HARRIS, S/O KUNJALI HAJI,
... Petitioner
Vs
1. CHIEF ACCOUNTS OFFICER, BSNL,
... Respondent
2. DEPUTY TAHSILDAR (RR), TIRURANGADI.
For Petitioner :SRI.TOM K.THOMAS
For Respondent :SRI.MATHEWS K.PHILIP,SC, BSNL
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :26/08/2008
O R D E R
ANTONY DOMINIC, J.
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No. 25359 OF 2008 R
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Dated this the 26th day of August 2008
J U D G M E N T
Revenue recovery proceedings initiated against the petitioner
for realisation of the dues to the 1st respondent is under challenge.
Initially, the petitioner contended that the Revenue Recovery Act is
inapplicable and was relying on the judgment reported in
Govindankutty v. The General Manager {(2002) 3 KLT 6}. However,
the counsel for the 1st respondent pointed out that this judgment
has been reviewed by order in R.P. No. 495/02. In view of the
order in the review petition, the contentions raised by the counsel
for the petitioner do not deserve acceptance.
2. At this stage, counsel for the petitioner seeks an instalment
facility to discharge the liability and I heard the Standing Counsel
who entered appearance on behalf of the 1st respondent also.
Having regard to the submissions made by both sides I dispose of
this writ petition directing that the petitioner will be permitted to
W.P.(C) No. 25359 OF 2008
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pay the amount due to the 1st respondent in 8 equal monthly
instalments, the first of which will be paid on or before 15.9.2008
and the subsequent instalments before the 15th of every succeeding
month. The amount shall be paid directly to the 1st respondent.
Subject to payments as above further proceedings pursuant to Exts.
P1 and P2 will be deferred. It is directed that in case the petitioner
commits default in paying any one of the instalments, it will be open
to respondents to continue the proceedings without further notice
to the petitioner.
ANTONY DOMINIC
JUDGE
jan/-