IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 5TH AUGUST 2009 / 14TH SRAVANA 1931 WP(C).No. 22134 of 2009(J) -------------------------- PETITIONERS: --------------- 1. LALY G., AGED 42 YEARS,W/O.MOHANDAS,THEKKEPARAMBIL, NOW RESIDING AT RAJAGIRI,THALAYAZHAM P.O., ULLALA,VAIKOM TALUK,KOTTAYAM DISTRICT. 2. MOHANDAS, AGED 45 YEARS,S/O.VELAYUDHAN,THEKKEPARAMBIL, NOW RESIDING AT RAJAGIRI,THALAYAZHAM P.O., ULLALA,VAIKOM TALUK,KOTTAYAM DISTRICT. 3. GOMATHY, AGED 75 YEARS,W/O.LATE PARAMESWARAN,THEKKEPARAMBIL NOW RESIDING AT RAJAGIRI,THALAYAZHAM P.O., ULLALA,VAIKOM TALUK,KOTTAYAM DISTRICT. BY ADV. MR. K.SHRIHARI RAO MS. N.SHOBHA MR. P.M.NATESAN RESPONDENTS: --------------- 1. THE DISTRICT COLLECTOR,KOTTAYAM. 2. THE TAHSILDAR, VAIKOM TALUK,KOTTAYAM DISTRICT. 3. THE VILLAGE OFFICER, THALAYAZHAM VILLAGE AND POST, VAIKOM TALUK,KOTTAYAM DISTRICT. 4. THE MANAGER, THE DHANALAKSHMI BANK LTD., VAIKOM BRANCH,KOTTAYAM. R1 TO R3 BY GOVERNMENT PLEADER MR. C.K. GOVINDAN R4 BY ADV. MR. C.K. KARUNAKARAN, STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 22134 of 2009 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 5th day of August, 2009 JUDGMENT First petitioner had availed a loan of Rs. 80,000/- from the 4th respondent Bank and the other petitioners stood as guarantors. It is an admitted fact that the petitioners turned to be defaulters, as the loan amount could not be repaid on time. Met with the said circumstances, the respondent Bank proceeded with coercive steps against the petitioners, under the Kerala Revenue Recovery Act, which in turn is sought to be intercepted in the present Writ Petition. 2. The learned counsel for the petitioner submits that, the petitioners are ready and willing to clear the liability, if some breathing time is provided in this regard. 3. Heard the learned counsel for the Bank as well. 4. Considering the facts and circumstances and also as to the extent of the liability involved, as reflected in Ext.P1 (which is the amount as on 21.8.2007), the petitioners are directed to pay a sum of Rs. 50,000/- within one month and the balance amount shall be cleared by way of 5 equal monthly installments; the first of which shall be effected on or before the 5th of October, 2009, to be followed by the remaining installments to be effected on before the 5th of the succeeding months. Subject to the above, the recovery proceedings WP (C) No. 22134 of 2009 : 2 : stated as being pursued against the petitioners, shall be kept in abeyance. It is made clear that, if any default is committed by the petitioners in clearing the liability as above, the respondents will be at liberty to proceed with further steps, for realization of the entire amount in lump sum, by pursuing the proceedings from the stage where it stands now. The Writ Petition is disposed of accordingly. P. R. RAMACHANDRA MENON, JUDGE kmd