Full Judgment
IN THE HIGH COURT OF KERALAATERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE27H DAYOF JANUARY20147TH MAGHA, 1935 WP(C).No. 2002 of 2014 (A) --------------------------- PETITIONER: -------------------- EEIFT INDUSTRIES WOODEX BUILDING, 35/162 (14) OLAVAKKODE PALAKKAD REPRESENTED BY ITS MANAGING PARTNER V.K.SHAJI BY ADV.SRI.S.MURALI RESPONDENTS: ------------------------ 1. THE DISTRICT COLLECTOR, PALAKKAD678001.
2. TAHASILDAR (REVENUE RECOVERY), PALAKKAD - 678 001.
3. VILLAGE OFFICER, KONGAD VILLAGE, PALAKKAD - 678 001. R BY SR.GOVERNMENT PLEADER SRI.RAFEEK.V.K THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON2701-2014, THE COURT ON THE SAME DAYDELIVERED THE FOLLOWING: WP(C).No. 2002 of 2014 (A) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1 : TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, PALAKKAD NO.C2/5087/2011 DATED3109.2011 EXHIBIT P2 : TRUE COPY OF THE DEMAND NOTICE IN FORM1ISSUED BY2D RESPONDENT DATED18.07.2013 EXHIBIT P3 : TRUE COPY OF MAHASAR PREPARED BY THE VILLAGE OFFICER KONGAD, PALAKKAD DISTRICT IN RESPECT OF ENFORCEMENT OF EXHIBIT P1 DEMAND NOTICE RESPONDENT(S)' EXHIBITS : NIL --------------------------------------- /TRUE COPY/ P.ATO JUDGE AV P.R.RAMACHANDRA MENON, J.
------------------------------------ W.P.(C)No.2002 of 2014 ----------------------------------- Dated this the 27th day of January, 2014
JUDGMENT
The petitioner is engaged in the manufacturing and fabrication of modular kitchens and such other items. In connection with the setting up of the industry as above, the petitioner had availed a margin money loan from the Industries Department in the year 2010. The case of the petitioner is that, because of some adverse circumstances in the market conditions, the business had to be closed down. But, in the meanwhile, coercive proceedings have been taken by the respondents and hence the writ petition.
2. The learned counsel for the petitioner submits that the petitioner does not intend to contest the matter and that, the only relief now pressed in this Court is only to enable the petitioner to wipe off the entire liability in a phased manner. It is also pointed out that, after issuance of Ext.P1 dated 03.9.2011 showing the total liability as on 03.9.2011 as `2,67,892/-, a portion has been cleared as reflected in Ext.P2 dated 18.07.2013, whereby the liability has come down to `2,17,782/- and further interest. The petitioner is personally aggrieved by the coercive proceedings being pursued pursuant to Ext.P3. W.P.(C)No.2002 of 2014 2 3. Heard the learned Government Pleader appearing for the respondents as well.
4. After hearing both the sides and considering the limited relief sought for, this Court finds that the petitioner could be given a chance to clear the entire liability by way of some instalments. Accordingly, the petitioner is required to satisfy the entire liability including interest and collection charges, by way of 'eight' equal monthly instalments, the first of which shall be effected on or before 15.02.2014; to be followed by similar instalments to be effected on or before 15th of succeeding months. Subject to this, the recovery proceedings shall be kept in abeyance for the time being. If the petitioner fails to honour the commitment, by defaulting any instalment as above, it will be open for the respondents to proceed with further steps for realisation of the entire amount in a lump by pursuing such proceedings from the stage where it stands now. The writ petition is disposed of as above. Sd/- P.R.RAMACHANDRA MENON, JUDGE. AV