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2026 Supreme(Online)(Ker) 4360

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
BAIJU.K. – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 27828 OF 2021



Advocates:
For the Appellants/Petitioners: SHRI.PRAVEEN K. JOY, SRI.E.S.SANEEJ
For the Respondents: SRI.G.KEERTHIVAS, SRI.B.PREMOD, SC, SMT.DEVI SHRI R., GP

The court permits installment payments for arrears while maintaining the right to enforce actions upon default.

Headnote:The petitioner's claims included a writ of mandamus for installments on a demand notice concerning arrears. The court ordered the respondent Board to provide a proper demand reflecting payments made and allowed ten monthly installments for repayment. The petitioner was warned that any default would enable further legal action. The petition is thus resolved in favor of the petitioner.

Table of Content
1. conclusion on the writ petition outcome. (Para 4)

JUDGMENT

The writ petition is filed with the following prayers:

“1.Issue a writ of mandamus or any other appropriate writ order or direction commanding the 3rd respondent to grant 10 monthly installments to clear arrears, in Ext.P1, in the interest of justice.

2. issue a writ of mandamus or any other appropriate writ order or direction commanding the 3rd respondent to consider and pass orders on ExLP2 representation and grant 10 monthly installment facilities

3. To keep in abeyance further proceedings pursuant to Ext.P1 demand notice till a final decision is taken by the 3rd respondent in Ext.P2 presentation, in the interest of justice.

4.To issue such other appropriate writ order or direction which this Hon'ble Court may deem fit and just under the circumstances of the case.”

2. This Court had passed an interim order on 14.12.2021 directing the petitioner to pay an amount of Rs.1,00,000/- (Rupees One lakh only) on or before 22.12.2021. Thereafter, another order was passed on 23.12.2021 directing the petitioner to pay a further amount of Rs.1,00,000/- on or before 20.01.2022.

3. The learned counsel for the petitioner submits that the interim orders have been complied with. This is recorded. Accordingly, the respondent Board is directed to intimate the petitioner regarding the amount due from the petitioner after deducting the amounts paid. A fresh demand shall be issued to the petitioner within a month from the date of receipt of a copy of this judgment. The petitioner is granted ten equal monthly instalments to pay off the same. If the petitioner commits any single default, the respondents will be free to proceed further, in accordance with law.

The writ petition is disposed of as above.

Sd/-MOHAMMED NIAS C.P.

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