The petitioner has approached this Court, with the following prayers : 1) Quash Ext.P3 as it is illegal and irregular.
2) this Honourable Court may be pleased to invoke its jurisdiction vested under Article 226 of Constitution of India by way of writ of mandamus or any other appropriate writ or direction or order and direct the 1st respondent to prefer legally entitled remedy to execute the decree of a civil suit as contemplated under Order 21 instead of resorting to crooked and easy way to execute it.
3) Grant any other appropriate order or direction as and when sought for which are deemed apt and fit to be granted during the pendency of this writ petition.
2. During the course of hearing, the learned counsel for the petitioner submits that, the default was never wilful, W.P.(C) No.29437 of 2014 (D) 2 but because of some unforeseen circumstances and the prayer is only to enable the petitioner to discharge the liability by way of reasonable instalments.
3. Heard the learned Government Pleader as well.
4. After considering the facts and circumstances, the petitioner is permitted to clear the entire outstanding liability flowing from Ext.P5, by way of 'ten' equal monthly instalments, the first of which shall be effected on or before the 30th of November, 2014, followed by similar instalments on or before the 30th of the succeeding months.
5. Subject to this, the recovery proceedings, shall be kept in abeyance for the time being. If any default is committed in satisfying the amount as above, it will be open for the respondents to proceed with further steps for realization of the entire amount in a lump, from the stage where it stands now.
W.P.(C) No.29437 of 2014 (D) 3
6. The petitioner shall produce a copy of this judgment along with a copy of the writ petition before the concerned respondent for further steps.
Writ petition is disposed of.
AMV/10/11/ Sd/- P.R.RAMACHANDRA MENON, JUDGE