The petitioner is aggrieved by the proceedings initiated for recovery of amount due, from chitty transaction, the petitioner had with the 1st respondent. The petitioner was before this Court, seeking instalments on an earlier occasion. The petitioner was granted such instalments. Subsequently the petitioner filed an application seeking withdrawal of the Writ Petition expressing the specific intention to approach the Government. The petitioner also approached the Government as is evidenced from Exts.P4 and P5, wherein, two instalments were granted. It is submitted that the petitioner was not given credit of the amounts credited under Ext.P1 and hence, he did not comply with Ext.P4 instalments granted by the Government. It is to be noticed that the Government, by Exts.P4 and P5 granted twenty five equal monthly W.P.(C) No. 16277 of 2014 2 instalments to clear of the arrears in both the transaction; on condition of the petitioner remitting lump sum amounts of Rs.2,30,000/- and Rs.1,14,900/-, respectively on or before 25.05.2014. The petitioner then sought for set off of earlier payments made; as evidenced by Ext.P1 in 2013, as against the lump sum payment directed. This was clearly not intented in Exts.P4 and P5. The petitioner hence defaulted payments so directed. 2. A notice has now been issued by the respondent as per Ext.P6, which again is said to be under challenge in appeal. In the circumstance of the petitioner having specifically withdrawn the prayer in an earlier Writ Petition under Article 226 of the Constitution of India, expressing his willingness to work out his remedies elsewhere, it is open for the petitioner to do that and not again invoke the remedy under Article 226. The equitable relief granted by the Government was not also taken advantage of. The conduct of the petitioner reveals prevarication intented only W.P.(C) No. 16277 of 2014 3 at delaying and defeating recovery. The petitioner by his conduct is clearly disentitled from claiming any equitable relief.
The Writ Petition stands dismissed.
K. VINOD CHANDRAN, JUDGE SB