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2026 Supreme(Online)(Ker) 14231

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
PRATHIASH PATHMANAND – Appellant
Versus
SPECIAL DEPUTY TAHSILDAR[RR] – Respondent
WP(C) NO. 7056 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.M.R.SARIN
For the Respondents: SRI. P.C.ANILKUMAR, SC, SRI.DHEERAJ A.S.-GOVERNMENT PLEADER

Court allows repayment of dues in instalments while outlining conditions for default.

Headnote:The petitioner sought for repayment of liabilities in instalments under relevant guidelines. The total amount due as of 28.02.2026 was confirmed as Rs.37,51,014. The court granted the petitioner an opportunity for payment in 25 monthly instalments. The court’s direction reflects willingness of respondents to accept repayments over time, while allowing for recovery proceedings upon default.

Result: The writ petition is disposed of with directions to permit repayment.

Table of Content
1. petitioner seeks repayment of liabilities. (Para 1 , 2)
2. court grants instalment repayment order. (Para 3)

JUDGMENT

The limited relief sought for by the petitioner is for an opportunity for repayment of the entire liability due from him in instalments. The petitioner was a subscriber to a chitty, however he committed default in repayment.

2. The learned Standing Counsel, upon instructions, submitted that after adjusting the amounts paid by the petitioner, the total amount due is Rs.37,51,014/- as on 28.02.2026. It was also submitted that respondents are willing to accept repayment in reasonable instalments.

3. Having heard the learned counsel for the petitioner and the learned Standing Counsel for respondents, I am of the view that the writ petition can be disposed of with a direction to grant an instalment facility to the petitioner.

Accordingly, there will be a direction to respondents to accept the entire amount of Rs.37,51,014/- due from the petitioner along with future interests and costs in 25 equated monthly instalments with the first instalment commencing on 24.03.2026 and the remaining instalments on the 24th of every succeeding month. Coercive proceedings already initiated shall be kept in abeyance till then. Needless to mention that, if in the case of default of any one instalment, the respondents shall be at liberty to initiate appropriate recovery proceedings.

This writ petition is disposed of as above.

Sd/-

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