The petitioners, who are husband and wife respectively, are owners of 9.80 Ares of land in Survey No.121/6-1 in Thottakkad Village, Changanacherry Taluk, are confronted with coercive steps under the Revenue Recovery Act, which in turn is under challenge in this writ petition.
2. The 2nd petitioner was granted permission vide Ext.P2 by the 4th respondent to remove ordinary earth from a portion of the property having an extent of 1.6 Ares. Admittedly, there occurred some default with regard to the royalty to be satisfied. This led to the demand notices vide Exts.P4/P5.
3. The learned counsel for the petitioners submits that, the default was never wilful, but because of some unforeseen circumstances, particularly in connection with the treatment of the 2nd petitioner. The prayer is to permit the petitioners to discharge the entire liability by way of reasonable instalments. It is also pointed out that, the petitioners have approached the first respondent by filing Ext.P7 representation, which is still to be W.P.(C) No.32486 of 2014 2 acted upon.
4. Heard the learned Government Pleader as well.
5. After hearing both the sides and after considering the extent of liability reflected from Exts.P4/P5, which is to an extent of Rs.2,57,100 + subsequent interest and collection charges, the petitioners are permitted to liquidate the liability by way of 'eight' equal monthly instalments, the first of which shall be effected on or before the 31st of December, 2014, followed by similar installments, to be effected on or before the last working day of the succeeding months. Subject to this, the recovery proceedings shall be kept in abeyance, for the time being. It is made clear that, if any single default is committed with regard to the satisfaction of the liability as above, it will be open for the respondents to proceed with further steps for realization of the entire amount in lump, by pursuing such steps from the stage where it stands now.
The writ petition is disposed of.
P.R. RAMACHANDRA MENON, JUDGE sp