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Judgment
S. Manikumar, CJ
Before the writ Court, petitioner sought for the following reliefs:
“i) to issue a writ of certiorari or any other appropriate writ or order or direction quashing Exhibit-P1 notice issued by the 1st Respondent.”
Short facts leading to filing of the writ petition are as under:
2.1 The petitioner is a sub-contractor and a kuri subscriber, two kuries started from KSFE Thalayolaparambu Branch during 2016 and he took 2 loans and thereby after paying substantial amount he was unable to pay the due amount, which now carries to Rs. 10,76,134/- (Rupees Ten Lakhs Seventy Six Thousand One Hundred and Thirty Four) as per Exhibit-P1 notice.
2.2 Kuri terminated on 21-01-2020 as per notice dated 22-02-2020. Now the Special Deputy Tahsildar (RR), 1st respondent initiated revenue recovery proceedings. Petitioner was not able to pay the due amount, due to Covid pandemic and financial crisis. The petitioner is ready to pay the entire due amount under one time settlement scheme and prays one year to pay the same. Hence this Writ Petition.
Before the writ court, the learned counsel for the petitioner has submitted that petitioner will be able to make payment in instalments. Thus, placing on record the said submission, writ court, vide judgment dated 12.2.2021 in W.P(C). No.3639 of 2021, ordered thus:
“The petitioner, who was defaulted the payment towards the prized chitties as well as the loan availed from the KSFE has filed this writ Petition aggrieved by Ext.P1 revenue recovery proceedings.
Adv.P.C.Anilkumar, learned Standing Counsel for the KSFE, on instructions submitted that a sum of Rs.31,53,000/- (Rupees Thirty one lakhs fifty three thousand only) is due from the petitioner.
As the learned counsel for the petitioner submits that the petitioner would be able to make payment in instalments, the Writ Petition is disposed of, allowing the petitioner to remit the outstanding amount in 12 equal monthly instalments starting from March 2021 onwards. In that event the revenue recovery proceedings shall be kept in abeyance. In case the petitioner commits any default in payment of any of the instalments, respondents would be free to proceed with the revenue recovery proceedings.”
Being aggrieved, instant writ appeal is filed.
Though Mr. G. Radhakrishna Pillai, learned counsel for the appellant sought for six months from today, for repayment of the loan, we are not inclined to accede to the said request.
Notice issued in Form No.II, under Section 36 of the Revenue Recovery Act, shows that appellant was a defaulter from 22.2.2017 and therefore, recovery proceedings has been initiated by Special Deputy Tahsildar (RR), respondent No.1.
Though notice is dated 22.2.2020, writ petition has been filed on 8.2.2021, nearly after one year. That apart, even before the writ court, writ petitioner/appellant has requested the court to grant time to pay the outstanding dues in 12 equal monthly instalments from March, 2021 onwards, which the court has granted. Time granted has already expired. Thus, default from 2017 continues even today.
In the above said circumstances, we are not inclined to accede to the request for granting six months time from today. Writ appeal is dismissed.