High Court of KeralaWP(C)/36530/2015disposed of

Rajeevan C. v. Kerala State Backward Classes Development Corpn. Ltd

2015-12-03Honourable Dr. Justice A.K.Jayasankaran Nambiar4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR THURSDAY, THE 3RD DAY OF DECEMBER 2015/12TH AGRAHAYANA, 1937 WP(C).No. 36530 of 2015 (M) -------------------------------------------- PETITIONER(S) :

------------------------- RAJEEVAN C., AGED 57 YEARS, S/O.CHELLAPPAN, DAMODARAMANDIRAM, PATTATAHANAM P.O., KOLLAM.

BY ADV. SRI.AJAYA KUMAR. G RESPONDENT(S) :

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

1. KERALA STATE BACKWARD CLASSES DEVELOPMENT CORPORATION LTD., REGIONAL OFFICE, SENTINEL, 2ND FLOOR, TC 27/588(7) &8 PATTOOR, VANCHIYOOR PO, THIRUVANANTHAPURAM, PIN -695 035, REPRESENTED BY THE GENERAL MANAGER (FINANCE & ACCOUNTS)

2. THE BRANCH MANAGER, KERALA STATE BACKWARD CLASSES DEVELOPMENT CORPRATION LTD., DISTRICT OFFICE , KOLLAM, SNDP UNION BUILDING, OPPOSITE SN WOMEN'S COLLEGE, KOLLAM-691 001.

3. THAHAZILDAR (RR), TALUK OFFICE, KOLLAM -691 001.

4. THAHAZILDAR (RR), TALUK OFFICE, PATHANAPURAM-691 001.

R1 & R2 BY ADV. SRI.JAYAPRADEEP. V, S.C R3 & R4 BY GOVERNMENT PLEADER SMT.LILLY.K.T THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 36530 of 2015 (M) ------------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS :

---------------------------------------- EXT.P1:

TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DATED 29/09/2015.

RESPONDENT(S)' EXHIBITS :

------------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE.

Msd.

A.K.JAYASANKARAN NAMBIAR, J.

- - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.36530 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of December 2015

JUDGMENT

The petitioner, who is faced with revenue recovery steps for recovery of an amount Rs.1,30,560/- together with accrued interest as evidenced in Ext.P1 demand notice, seeks only the grant of instalments for discharging the liability.

I have heard the learned counsel for the petitioner, the learned standing counsel for respondents 1 and 2 and the learned Government Pleader for respondents 3 and 4.

On a consideration of the facts and circumstances of the case as also the submissions made across the Bar, I dispose the writ petition with the following directions:- (i) If the petitioner pays the total amount demanded in Ext.P1, in six equal and successive monthly installments, commencing from 21.12.2015, then the recovery steps initiated against him by the respondents shall be kept in abeyance.

(ii)It is made clear that if the petitioner commits a default

W.P.(c).No.36530 of 2015 : 2 :

in respect of any of the installments, he will lose the benefit of this judgment and the respondents will be free to continue the recovery proceedings against him from the stage at which they presently stand.

Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE sm/