IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 19246 of 2008(N)
1. SMT.R.INDIRA, D/O.RADHAMMA, AGED 45
... Petitioner
Vs
1. THE SPECIAL TAHSILDAR (R.R),
... Respondent
For Petitioner :SMT.ANNAMMA ABRAHAM
For Respondent :SRI.M.K.CHANDRAMOHAN DAS, SC, KSFE, LTD
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :07/07/2008
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 19246 OF 2008 N
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Dated this the 7th day of July, 2008
J U D G M E N T
Petitioner is a defaulter to the respondent. When recovery
proceedings were initiated, petitioner moved the Government and by
Ext.P5 order, she was permitted to pay the amount due in 30 equal
monthly instalments. Ext.P5 order contains a default clause enabling the
respondent to proceed with the recovery proceedings in the event of non
compliance with the terms of the said order. Admittedly, default was
committed and thereupon recovery proceedings were again initiated and
that resulted in Ext.P6. In terms of Ext.P6, the property offered as
security is proposed to be sold on 19th of July 2008. It is at that stage, this
writ petition is filed, where the petitioner again prays that she may be
granted the benefit of instalments, which was granted by the Government
in Ext.P5.
2. I do not see any merit in this prayer now made by the learned
counsel for the petitioner. Admittedly, when default was committed, at
her request Government granted facility of instalment by Ext.P5 so that
the petitioner could avoid coercive action against the property. Again
WPC 19246/08
:2 :
default was committed and in terms of the enabling provisions of Ext.P5
order itself recovery proceedings were continued and that led to the sale
now scheduled to 19th of this month. Since it was only on account of her
default that the sale has been scheduled, I see no justification in the
prayers made by the petitioner in this writ petition.
3. However, having regard to the fact that petitioner says that
she wants to avoid the sale and liquidate the liability, I direct that if
petitioner makes a payment of 50% of the amount due before 19/7/08,
the sale now scheduled as per Ext.P6 will be deferred. It is directed that
the balance amount shall be paid by the petitioner within 4 weeks
thereafter. It is clarified that in case payment is not made as above, the
respondent will be free to continue the proceedings.
Writ petition is disposed of as above.
ANTONY DOMINIC, JUDGE
Rp