IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 20TH SEPTEMBER 2011 / 29TH BHADRA 1933 WP(C).No. 22647 of 2011(E) ---------------------------------- PETITIONER(S): ------------------- 1. M.K.SOMAN,S/O.KRISHNAN,MUTHUVELIL HOUSE, BAISON VALLEY ,IDUKKI. 2. SANTHOSH.M.S, S/O.M.K.SOMAN, MUTHUVELIL HOUSE,BAISON VALLEY ,IDUKKI. BY ADVS. SRI.PRAVEEN K. JOY SRI.P.I.ALIKHAN SRIP.S.SUJETH RESPONDENT(S): -------------------- 1. UNION OF INDIA,REP.BY ITS SECRETARY, FINANCE & AGRICULTURAL MINISTRY, NEW DELHI. 2. STATE OF KERALA,REP. BY SECRETARY, MINISTRY OF REVENUE, SECRETARIAT,TRIVANDRUM. 3. THE DISTRICT COLLECTOR, IDUKKI. 4. THE DEPUTY TAHSILDAR(RR), REVENUE RECOVERY OFFICE, NEDUNKANDOM. 5. THE VILLAGE OFFICER, POTTENCADU (BAISANVALI) VILLAGE, VILLAGE OFFICE, UDUMPANCHOLA TALUK,IDUKKI DISTRICT. 6. STATE BANK OF TRANVACORE,DEVIKULAM BRANCH,IDUKKI DISTRICT,REP.BY ITS BRANCH MANAGER. R1 BY ADV. SRI.P.PARAMESWARAN NAIR, ASGI. R2 TO R5 BY GOVT. PLEADER SRI.C.K.KARUNAKARAN R6 BY ADVS. SRI.SATHISH NINAN SRI.R.S.KALKURA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 22647/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE LETTER DATED 10/06/2008 ISSUED FROM THE OFFICE OF THE PRIME MINISTER OF INDIA. P2: COPY OF THE LETTER DATED 07/03/2009 FOR RS.44,684/- (RUPEES FORTY FOUR THOUSAND SIX HUNDRED AND EIGHTY FOUR ONLY) FROM THE 6TH RESPONDENT BANK. P3: COPY OF THE LETTER DATED 07/03/2009 FOR RS.1,00,000/- (RUPEES ONE LAKH ONLY) FROM THE 6TH RESPONDENT BANK. P4: COPY OF THE TAX RECEIPT DATED 23/11/2009 OF THE PETITIONER PROPERTY OF RAJAKUMARI VILLAGE. P5: COPY OF THE LETTER DATED 20/05/2010. P6: COPY OF THE LETTER DATED 04/02/2010 OF THE 6TH RESPONDENT BANK. P7: COPY OF THE DEMAND NOTICE DATED 04/01/2011. P8: COPY OF THE SECTION 7 NOTICE DATED 04/01/2011. P9: COPY OF THE ORDER DATED 17/02/2011. P10: COPY OF THE APPLICATION DATTED 05/08/2011. P11: COPY OF THE APPLICATION DATED 12/08/2011 BEFORE THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.22647 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of September, 2011 J U D G M E N T The petitioners are aggrieved by the revenue recovery proceedings initiated by the respondents for recovery of loan amounts due from the petitioners to the 6th respondent. The petitioners only seek facility to pay off the amount in instalments. 2. This is opposed by the counsel for the Bank. 3. Having heard both sides, taking a lenient view, I dispose of this writ petition with a direction to the respondents to permit the petitioners to pay off the balance amount due in 12 (twelve) equal monthly instalments starting from 01.11.2011. Every subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioners pay the instalments on due dates without default, further proceedings under the Act shall be kept in abeyance. However, if the petitioners commit W.P.(C)No.22647 of 2011 -2- default in payment of any one 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/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/