IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 38696 of 2010(J)
1. P.THILAKAN, S/O.PADMANABHAN,
... Petitioner
Vs
1. THE DISTRICT COLLECTOR,
... Respondent
2. THE DEPUTY TAHASILDAR (R.R.)
3. THE VILLAGE OFFICER,
4. THE KHADI & VILLAGE AINDUSTRIES BOARD,
For Petitioner :SRI.K.REGHU KOTTAPPURAM
For Respondent : No Appearance
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :20/01/2011
O R D E R
C.K.ABDUL REHIM, J
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W.P(C) No.38696 of 2010-J
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Dated this the 20th day of January, 2011.
J U D G M E N T
Challenge in this writ petition is against coercive steps
of recovery initiated on the basis of Ext.P4 notice. The
amount was sought to be recovered at the behest of the 4th
respondent, being arrears due under a loan transaction
which was availed by the petitioner and others, for starting
a small scale industrial unit manufacturing aluminium
vessels. It is noticed that the petitioner and others had filed
a civil suit challenging the liability, which ultimately
culminated in a judgment of this Court in R.S.A.No.747 of
2010. While dismissing the second appeal this Court
observed that the 4th respondent had issued a proceeding
permitting waiver of penal interest on the amount due
under the loan transaction and afforded an opportunity to
the petitioner and others for payment of a sum of
Rs.2,48,821/- under the ‘One Time Settlement Scheme’.
Ext.P6 is the proceeding issued by the 4th respondent in this
W.P(C) No.38696 of 2010-J 2
regard. Through Ext.P6, the petitioner was requested to
make payment of the settled amount, on or before
31.12.2010.
2. Considering the facts and circumstances as stated
above, this Court was not inclined to interfere with the
matter, since no legally tenable ground was seen raised in
order to refute the liability in question. However, as a
gesture of indulgence, further coercive steps of recovery
was stayed, subject to condition of the petitioner remitting a
sum of Rs.1 lakh. It is reported that the stipulation has
already been complied with. Limited prayer now raised by
counsel for the petitioner is to permit payment of the
amount in terms of Ext.P6.
3. Learned counsel for the petitioner submits that
the petitioner is ready and willing to pay off the balance
amount covered under Ext.P6, within a short time, in a
phased manner.
4. Eventhough the writ petition observes no merit on
the basis of the contentions raised, I am of the view that
indulgence can be shown in permitting the petitioner to pay
W.P(C) No.38696 of 2010-J 3
off the balance amount outstanding in instalments along
with interest, within a reasonable time.
5. Accordingly, the writ petition is disposed of
directing the respondents to keep in abeyance all further
coercive steps of recovery pursuant to Exts.P4 and P8
notices, provided the petitioner remits the entire balance
amount outstanding under Ext.P6, along with payment of
belated interest if any due, in 3 (three) equal monthly
instalments, falling due on or before 15.2.2011 and on or
before 15th day of two succeeding months.
6. It is made clear that on the event of default in
payment of any one of the instalments, the respondents will
be free to proceed with further steps on the basis of notices
already issued. It is further made clear that the above relief
is granted subject to the condition that the petitioner is
precluded from raising any subsequent challenge against
the proceedings.
Sd/-
C.K.ABDUL REHIM
JUDGE
ab //True Copy//