Abdul Hameed vs The Deputy Tahsildar (Rr)
2022 Latest Caselaw 4764 Ker

WA NO. 516 OF 2022
                                   1

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR.JUSTICE C.S.DIAS
                                   &
             THE HONOURABLE MR.JUSTICE BASANT BALAJI
   TUESDAY, THE 26TH DAY OF APRIL 2022 / 6TH VAISAKHA, 1944
                         WA NO. 516 OF 2022
  AGAINST THE JUDGMENT IN WPC NO.1559/2020 DATED         21.01.2020
                    PASSED   BY THIS HON'BLE COURT
APPELLANTS/PETITIONERS:

    1       ABDUL HAMEED.,
            AGED 50 YEARS
            S/O. RAYAN, 1/460, CHEMMALA HOUSE, PULIKKAL GRAMA
            PANCHAYAT, PALLIKKAL P.O., KODOTTY, MALAPPURAM
            DISTRICT 676 517.

    2       MUHAMMED BOOSOORI,
            AGED 24 YEARS
            S/O. ABDUL HAMEED, 1/460, CHEMMALA HOUSE, PULIKKAL
            GRAMA PANCHAYATH , PALLIKKAL P.O., KONDOTTY,
            MALAPPURAM DISTRICT 676 517.

            BY ADV S.SUDHISH KUMAR


RESPONDENTS/RESPONDENTS:
     1    THE DEPUTY TAHSILDAR (RR),
          KONDOTTY TALUK, MALAPPURAM DISTRICT 673 638.

    2       THE MANAGER,
            UNITED INDIA INSURANCE COMPANY LIMITED,
            MALAPPURAM, 676 504.

            BY GOVT.PLEADER SRI.

            SRI.P.K.MANOJ KUMAR FOR R2


     THIS    WRIT   APPEAL   HAVING    COME   UP   FOR   ADMISSION    ON
26.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WA NO. 516 OF 2022
                               2




                         JUDGMENT

The writ appeal is filed assailing the judgment in

W.P(C) No.1559/2020, whereby the appellants were

directed to discharge their liability in installments.

2. The appellants had filed the writ petition before this

Court, inter alia, to direct the 1st respondent to permit the

appellants to pay off their liability as per Exts.P4 and P4

(a) in installments. The appellants have averred that they

were the respondents in O.P (MV) No.877/2015 of the

Motor Accidents Claims Tribunal, Tirur. The Tribunal

allowed the claim petition and directed the 2 nd respondent-

insurer to pay the compensation amount and recover it

from the appellants. Pursuant to the above award, the 1 st

respondent had issued Exts.P4 and P4(a) demand notices

under the Revenue Recovery Act, to recover an amount of WA NO. 516 OF 2022

Rs.2,32,981/- with accrued interest and other statutory

charges. The appellants were not in a position to pay the

above amount in lump-sum. Hence, they filed the writ

petition, which was allowed by the learned Single Judge,

directing the appellants to pay the award amount with

interest and charges in ten equal monthly installments.

However, due to the Covid-19 Pandemic and the national

lockdown that was imposed, the appellants were not in a

position to pay the ordered amount. Moreover, the 1 st

appellant is suffering from 'Degenerative Osteoarthritis

Bilateral HIP with Contusion Let HIP and Osteophyte

Fracture'. Nevertheless, the 1st respondent has initiated

coercive proceedings against the appellants. The

appellants are ready to pay an amount of Rs.1,25,000/-

immediately and seek time to pay the balance amount

outstanding, as per Exts.P4 and P4 (a) demand notices, in

five equated monthly installments. Hence the writ appeal. WA NO. 516 OF 2022

3. Heard; Sri.S.Sudheesh Kumar, the learned

counsel appearing for the appellants, the learned

Government Pleader appearing for the 1 st respondent and

Sri.P.K.Manoj Kumar, the learned counsel appearing for the

2nd respondent.

4. The appellants do not dispute their liability as per

Exts.P4 and P4 (a) demand notices and the fact that this

Court had allowed their prayer to pay the award amount in

installments. It is the appellants case now that due to the

Covid-19 pandemic and the national lock-down that was

enforced, and due to the illness of the 1 st appellant, they

were not able to comply with the directions in the

impugned judgment. All that they now seek is to enlarge

the time period fixed by this Court in the impugned

judgment by a further period of five months. The

appellants' prayer is not seriously opposed by the learned

counsel appearing for the respondents. In the above factual

situation, taking a lenient view in the matter and in WA NO. 516 OF 2022

exercise of the discretionary powers of this Court as

enshrined under Article 226 of the Constitution of India,

we deem it appropriate to enlarge the time period fixed by

this Court in the impugned judgment, without treating this

judgment as a precedent.

In the result, the writ appeal is allowed by permitting

the appellants to deposit an amount of Rs.1,25,000/-

before the 1st respondent on or before 30.4.2022 and pay

the balance amount due as per Exts.P4 and P4 (a) demand

notices with interest and charges in five equated monthly

installments commencing from 30.6.2022. If the amounts

are paid as ordered above, the 1 st respondent shall keep

the revenue recovery proceedings, pursuant to Exts.P4

and P4 (a), in abeyance. It is made clear that, if the

appellants commit any default in respect of any of the

installments, they would lose the benefit of this judgment

and the 1st respondent would be free to continue with the

revenue recovery proceedings from the stage at which it WA NO. 516 OF 2022

presently stands. It is also made clear that the appellants

would not be granted any further extension.

Sd/-

C.S.DIAS JUDGE Sd/-

                                  BASANT BALAJI
ma/27.4.2022                           JUDGE
                                       /True copy/