The petitioners, husband and wife, are aggrieved of the revenue recovery proceedings initiated by the respondents in order to realise the amount due under a chitty transaction. The chitty amount was of ₹1 lakh. The 1st petitioner auctioned the chitty for ₹40,000/- in the year 1998 and the 2nd petitioner and three others stood as sureties. There occurred some default in the repayment, upon which Exts.P1 to P4 notices were issued to the petitioners under the R.R. Act. which made the petitioners to approach this Court by filing this writ petition.
2. The learned counsel for the petitioners submits that the default was never wilful, but due to some unforeseen circumstances and that the petitioners do not dispute the liability to clear the due amount or the rights and liberties of the respondents in proceeding against the petitioners. The limited relief now pressed before this Court is to permit the petitioners to clear the liability, granting some breathing time in this regard by way of reasonable instalments.
3. Heard the learned Government Pleader for the 1st W.P.C. No. 27959 of 2014 -2-
respondent and the learned counsel for the second respondent, who submits that the total outstanding liability to clear the dues is about ₹39,175/-
4. After hearing both the sides, the petitioners are permitted to clear the entire outstanding liability by way of 'four' equal monthly instalments, the first of which shall be effected on or before the 15th day of November, 2014; followed by similar instalments to be effected on or before the 15th of succeeding months. Subject to this, the coercive proceedings being pursued against the petitioners shall be kept in abeyance for the time being. It is made clear that, if any default is committed with regard to repayment of the entire liability as above, it will be open for the respondents to proceed against the petitioners for realization of the entire amount in a lump, from the stage where it stands now. The petitioners shall produce a copy of the judgment along with a copy of the writ petition before the concerned respondent for further steps.
Writ petition is disposed of.
P.R. RAMACHANDRA MENON, JUDGE.
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