IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 5TH APRIL 2011 / 15TH CHAITHRA 1933 WP(C).No. 8415 of 2011(B) ------------------------------------- PETITIONER: ------------------ K.V.ASHOKAN, S/O. KUMARAN, AGED 40 YEARS, KUTTATHUVALAPPIL, PUDUKAI, HOSDURG TALUK, KASARGODE. BY ADVS. SRI.PHILIP T.VARGHESE, SRI.THOMAS T.VARGHESE, SMT.ACHU SUBHA ABRAHAM. RESPONDENTS: ------------------------ 1. NORTH MALABAR GRAMIN BANK, NILESWARAM BRANCH, NILESWARAM.P.O., KASARAGODE DISTRICT-671 314. 2. THE SPECIAL DEPUTY TAHASILDAR (RR), HOSDURG, KASARAGODE-671 314. R1 BY ADVS. SRI.DEVAN RAMACHANDRAN,S.C, SRI.K.M.ANEESH, SRI.S.NIKHIL SANKAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/04/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. C.K.ABDUL REHIM, J --------------------------------------- W.P(C) No.8415 of 2011-B ---------------------------------------- Dated this the 5th day of April, 2011. J U D G M E N T Revenue recovery steps initiated pursuant to Exts.P1 and P2 notices, is under challenge in this writ petition. The amount sought to be recovered pertains to arrears in a loan account which was availed by the petitioner from the 1st respondent Bank. Eventhough various averments were made, I do not find any tenable ground to interfere with the recovery steps initiated or to hold that the petitioner is no way liable for payment of the amounts. Therefore, the writ petition deserves no merit. 2. However, learned counsel for the petitioner made an appeal to this Court to permit the petitioner to pay off the entire liability in a phased manner within a reasonable time. It is noticed that, pursuant to an interim order issued by this Court on 17.3.2011, the petitioner had remitted a sum of Rs.20,000/-. 3. Learned counsel appearing for the 1st respondent Bank submits that the amount sought to be recovered is a sum of Rs.75,250/- as on 10.12.2009, along with future interest. 4. Considering the facts and circumstances, I am of the W.P(C) No.8415 of 2011-B 2 view that indulgence can be shown in permitting payment of the entire balance in instalments, within a reasonable time. 5. Therefore, the writ petition is disposed of directing the respondent Bank to keep in abeyance all further steps of recovery, which is initiated on the basis of Exts.P1 and P2 notices, provided the petitioner remits the entire balance along with future interest and expenses if any due, in 4 (four) equal monthly instalments, falling due on or before 30.4.2011 and on or before the last day of succeeding months. 6. It is made clear that on the event of default in payment of any of the instalments, the respondents will be free to proceed with further steps. It is further made clear that the above relief is granted subject to condition that the petitioner is precluded from raising any subsequent challenge against such proceedings. C.K.ABDUL REHIM JUDGE ab