High Court of KeralaWP(C)/9043/2015disposed of

L.Wilson, Chairman, Mary Matha College Of Engineering v. The Deputy Tahsildar (Rr), Neyyattinkara.

2015-03-204 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY, THE 20TH DAY OF MARCH 2015/29TH PHALGUNA, 1936 WP(C).No. 9043 of 2015 (E) --------------------------- PETITIONER:

--------- L.WILSON, CHAIRMAN, MARY MATHA COLLEGE OF ENGINEERING, PARALIYODU, THIRUVANANTHAPURAM DISTRICT BY ADVS.SRI.P.CHANDRASEKHAR SRI.SOORAJ T.ELENJICKAL SMT.P.M.MAZNA MANSOOR RESPONDENTS:

----------------------

1. THE DEPUTY TAHSILDAR, REVENUE RECOVERY,NEYYATTINKARA. THIRUVANANTHAPURAM - 695 121

2. THE VILLAGE OFFICER, NEYYATTINKARA, THIRUVANANTHAPURAM - 695 121 BY GOVERNMENT PLEADER SMT. SHOBA ANNAMMA EAPEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-032015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 9043 of 2015 APPENDIX PETITIONER'S EXHIBITS:

P1 : TRUE COPY OF THE DEMAND NOTICE DATED 26.05.2014 ISSUED BY THE 1ST RESPONDENT TO RECOVER AN AMOUNT OF RS.2,10,000/- FROM THE PETITIONER. P2 : THE TRUE COPY OF THE LETTER DATED 18.3.2015 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE smv

A.K.JAYASANKARAN NAMBIAR, J.

------------------------------- W.P.(C) No.9043 of 2015 ---------------------------------------------- Dated this the 20th day of March, 2015

JUDGMENT

The petitioner, who is faced with revenue recovery steps initiated by the respondents for recovery of an amount of Rs.1,05,000/- together with accrued interest and other charges seeks only some time for discharging the liability due to the respondents.

2. Heard Sri. P.Chandrasekhar, the learned counsel for the petitioner and Smt. Shoba Annamma Eapen, the learned Government Pleader appearing for the respondents.

3. On a consideration of the facts and circumstances of the case and the submissions made across the Bar, and taking into account the plea of financial hardship raised by the petitioner, I dispose the writ petition with the following directions:

i. The total amount due from the petitioner as per Ext.P2 notice is seen to be Rs.1,05,000/- together with accrued interest and other charges. Accordingly, if the petitioner pays

W.P.(C) No.9043 of 2015 the said amount of Rs.1,05,000/- together with accrued interest and other charges in six equal and successive monthly installments commencing from 31.03.2015, then, the recovery steps initiated against the petitioner for recovery of the amounts shall be kept in abeyance.

ii. It is made clear that, if the petitioner commits a default in respect of any of the installments, he will lose the benefit of this judgment, and the respondent will be free to continue the recovery proceedings against him from the stage at which they presently stand.

Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE //true copy// P.A to Judge smv