IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 15TH JULY 2011 / 24TH ASHADHA 1933 WP(C).No. 14625 of 2011(C) -------------------------- PETITIONER : -------------------- LATHA P, W/O.VASUDEVAN, P.PELAKKAT HOUSE, VENGANELLUR, CHELAKARA, THRISSUR. BY ADV. SRI.JIJO PAUL RESPONDENT(S): ------------------------- 1. DISTRICT COLLECTOR THRISSUR CITY P.O., THRISSUR -20. 2. DEPUTY TAHSILDAR (RR), THRISSUR CITY P.O., THRISSUR-20. 3. RAJAN V.G, S/O.GANGADHARAN NAIR, SREE NILAYAM, THAIKATTUSERRY POST, OLLUR, THRISSUR, PIN 680 322. 4. THE MANAGER, STATE BANK OF TRAVANCORE, THRISSUR CITY P.O., THRISSUR -680 020. 5. VILLAGE OFFICER VENGANALLUR P.O., THRISSUR DISTRICT 680 586. R1, R2 & R5 BY GOVT. PLEADER SRI. C.K. GOVINDAN R4 BY ADVS. SRI.T.SETHUMADHAVAN, SC SRI.PUSHPARAJAN KODOTH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 14625 of 2011(C) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE SAID NOTICE BEARING COLLECTORATE FILE NO. 2010/57060/8 AND TALUK (D2) FILE NO. 2010/30331/8/200 DATED 07.02.2011 ISSUED BY THE 2ND RESPONDENT. EXT.P2 : COPY OF THE SAID NOTICE BEARING COLLECTORATE FILE NO. 2010/57060/8 AND TALUK (D2) FILE NO. 2010/30331/8/200 DATED 07.02.2011 ISSUED BY THE 2ND RESPONDENT. EXT.P3 : COPY OF THE STATEMENT OF ACCOUNTS OF THE PETITIONER'S LOAN ACCOUNT FOR THE PERIOD FROM 01.02.2006 TO 31.12.2007. EXT.P4 : COPY OF THE STATEMENT OF ACCOUNTS OF THE PETITIONER'S LOAN ACCOUNT FOR THE PERIOD FROM 01.01.2008 TO 29.12.2008. EXT.P5 : COPY OF THE NOTIFICATION S.R.O.NO. 797/79 AS OBTAINED FROM THE BOOK KERALA REVENUE RECOVERY ACTS AND RULES PUBLISHED BY THE LAW BOOKS CENTRE 5TH EDITION - 2010-11. EXT.P6 : COPY OF THE NOTIFICATION S.R.O.NO. 1465/87 AS OBTAINED FROM THE BOOK KERALA REVENUE RECOVERY ACTS AND RULES PUBLISHED BY THE LAW BOOKS CENTRE 5TH EDITION - 2010-11. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn S.SIRI JAGAN, J. ================== W.P.(C).No. 14625 of 2011 ================== Dated this the 15th day of July, 2011 J U D G M E N T The petitioner challenges recovery proceedings initiated by the 4th respondent through respondents 1, 2 and 5 for recovery of the loan amounts defaulted by the petitioner. The petitioner does not dispute the liability to pay or the quantum. The petitioner only seeks facility to pay off the amounts due in instalments. 2. This is opposed by the learned counsel for the bank. He points out that the petitioner has not even complied with the condition in the interim order dated 22.6.2011, whereby this Court directed the petitioner to pay ` 75,000/- on or before 11.7.2011. The learned counsel for the petitioner submits that the petitioner has filed a petition for extension of time to pay the same. 3. Having heard both sides, I dispose of this writ petition with the following directions: The petitioner shall pay the amount of ` 75,000/- as directed by the interim order within three weeks from today. The balance amount shall be paid in ten equal monthly instalments starting from 1.9.2011. Every subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioner pays the initial amount of ` 75,000/- and the instalments on the due dates without default, w.p.c.14625/11 2 coercive proceedings for recovery of the amounts shall be kept in abeyance. However, if the petitioner commits default in payment of either the amount of ` 75,000/- or any of the instalments, it would be open to the respondents to continue proceedings as now initiated without having to issue any fresh notice or proceedings in that regard. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge