The petitioner has approached this Court challenging the coercive streps pursued by the respondent KSFE Limited. The petitioner was a subscriber to three chitties conducted by the respondent. After bidding the chits, she turned to be a defaulter because of some unforeseen circumstances, which made the respondents to proceed against the petitioner invoking the machinery under the Revenue Recovery Act. The petitioner has now been served with Ext. P3 demand notice for realization of a sum of Rs.11,50,270/- as borne by Ext. P4, which made the petitioner to approach this Court by way of present writ petition.
2. The learned counsel for the petitioner submits that the petitioner is ready and willing to clear the entire liability, if some breathing time is given in this regard.
3. Heard the learned standing counsel for the respondent KSFE as well, who submits, with reference to the statement filed, that there is no merit or bonafides in the writ petition. It is stated that, though the petitioner was given ample opportunity to clear the W.P.(C) No. 31075 of 2014 : 2 :
liability, it was not effectively utilized by the petitioner. Paragraphs 2 and 3 of the statement are relevant, which read as follows :
“2. It is true that the 2nd respondent was issued Exhibits P1 to P3 to the petitioner in view of the default committed by the petitioner with respect to the chitties conducted by the 1st respondent. Since the petitioner has not remitted the dues as demanded in Exhibits P1 - P3 Revenue Recovery proceedings were initiated against the petitioner on 05.04.2014 which will further show that the Revenue Recovery Proceedings were initiated before 8 months of the filing of the above writ petition, since the writ petition was served with Section 34 notice on 05.04.2014. Even after that the petitioner has not remitted the dues has resulted in the issue of Section 36 notices dated 26.04.2014 as evidence by Exhibit P4.
3. The averments in para 2 of the writ petition is made without any bonafie. It is submitted that till this date the petitioner has not approached the office of this respondent as stated in para 2 of the writ petition. On the other hand she has approached this Hon'ble Court by raising incorrect and corrected statements after the receipt of Exhibit P4 notice.
W.P.(C) No. 31075 of 2014 : 3 :
4. Considering the fact that the petitioner is intending to wipe off the entire liability, this Court finds it fit and proper to permit the clear the outstanding liability by way of 'six' equal monthly installments, the first of which shall be cleared on or before the 20.12.2014, followed by similar installments to be effected on before the 20th of the succeeding months. Subject to the above, the coercive proceedings pursued against the petitioner shall be kept in abeyance for the time being. It is made clear that if any default is committed by the petitioner in effecting the installments as above, the respondent KSFE will be at liberty to proceed with further steps for realization of the entire amount in a lump, from the stage where in stands now.
The Writ Petition is disposed of.
kmd Sd/-
P. R. RAMACHANDRA MENON, (JUDGE)