The petitioner, admittedly, had subscribed to four chitties, bearing numbers 110/07-21A, 23/09-21A, 23/09-29A and 23/09-30A, each having sala of Rs.10 lakhs. The petitioner is aggrieved by the proceedings taken by Exhibits P1 to P4, for default committed.
2. The petitioner's contention primarily is that chitty No.23/09-30A has been closed and Exhibits P1 and P2 are relating to the very same chitty. However, it is clear from the counter affidavit of the respondent-KSFE that a mistake had occurred in requisitioning and another chitty, No.110/07-21A, was wrongly noted as 23/09-30A. Even the counter affidavit of the revenue recovery authorities show that the defect was later cured. In such circumstance, it cannot be disputed that the petitioner has outstandings due and payable under the aforesaid four chitties.
3. The petitioner's contention is that, there should be a proper computation of the amounts due. In such circumstance, the respondent shall issue a computation statement of the amounts due WP(C).No.5602 of 2014 - 2 -
under the various chitties, within two weeks from the date of production of a certified copy of this judgment, indicating the arrears due as on 15.06.2014. The petitioner shall be granted six monthly instalments, starting from 30.06.2014 and the balance instalments shall be paid on the 30th of the succeeding months, so as to satisfy the entire amounts due. On the satisfaction of the amounts due as per the computation statement, the petitioner shall be issued with a statement of the future interest, if any, from 15.06.2014, which shall be satisfied on the 30th of the succeeding month. If default is committed in two consecutive instalments, then the recovery proceedings shall revive and continue; and on the entire instalments being remitted as directed by this Court, the recovery proceedings would stand closed.
Writ petition is disposed of as above.
vku.
Sd/- K.Vinod Chandran, Judge ( true copy )