IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 136 of 2009(N)
1. RADHAKRISHNA PILLAI SON OF GOPALA
... Petitioner
2. JAYASREE, WIFE OF RADHAKRISHNA PILLAI,
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE DISTRICT COLLECTOR, KOLLAM.
3. THE SPECIAL TAHSILDAR (REVENUE
4. KERALA STATE FINANCIAL ENTERPRISES LTD.,
5. THE MANAGING DIRECTOR, KERALA STATE
6. THE MANAGER, KERALA STATE FINANCIAL
For Petitioner :SRI.P.B.SURESH KUMAR
For Respondent :SRI.ASOK M.CHERIYAN, SC, K.S.F.E. LTD.
The Hon'ble MR. Justice K.M.JOSEPH
Dated :06/01/2009
O R D E R
K. M. JOSEPH, J.
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W.P.C. NO. 136 OF 2009 N
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Dated this the 6th January, 2009
JUDGMENT
After arguing for some time, learned counsel for the
petitioners submitted that the petitioners may be permitted to
pay off the entire amount due in instalments. I heard the learned
standing counsel appearing for the respondent KSFE besides the
learned Government Pleader. Having regard to the facts, I feel
that the petitioners can be permitted to pay off the entire amount
due in equal monthly instalments. Accordingly, it is ordered
that the recovery proceedings against the petitioners pursuant to
Exts.P1 and P2 will be kept in abeyance on condition that the
petitioners pay Rs.1,00,000/= (Rupees One Lakh) before the
time of sale mentioned in Exts.P1 and P2 and pay the balance
amount in six equal monthly instalments, the first of which shall
be payable on or before the 15th of February, 2009 and the
remaining instalments on or before the 15th of every succeeding
month. If the petitioners do not pay Rs.1 Lakh or any of the
WPC. 136/09 N 2
instalments, they will forfeit the benefit of this Judgment and it
will be open to the respondents to proceed against the petitioners
in accordance with law.
The Writ Petition is disposed of as above.
Sd/=
K. M. JOSEPH, JUDGE
kbk.
// True Copy //
PS to Judge