IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 2ND FEBRUARY 2010 / 13TH MAGHA 1931 WP(C).No. 34484 of 2009(E) -------------------------- PETITIONER: --------------- P.MOHANAKRISHNAN, S/O.KUNJUNNI MENON, AGED 49 YEARS, THEKKUMPURATH HOUSE, CHERUMUNDASSERI POST, AMBALAPARA, PALAKKAD DISTRICT. BY ADV. SRI.SAJEEV KUMAR K.GOPAL SMT.AMBIKA RADHAKRISHNAN RESPONDENTS: --------------- 1. THE DEPUTY TAHSILDAR (R.R.) OTTAPALAM. 2. THE VILLAGE OFFICER, AMBALAPARA VILLAGE. 3. STATE BANK OF INDIA, REP.BY ITS BRANCH MANAGER, OTTAPALAM. BY GOVERNMENT PLEADER ADV. MR. BIJOY CHANDRAN. BY ADV. MR. P.V. SURENDRANATH, SC. R3 BY ADV. SRI.R.S.KALKURA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 34484 OF 2009 ......................................................................... Dated this the 2nd February, 2010 J U D G M E N T The petitioner had availed a personal loan from the third respondent Bank, which however could not be repaid on time. In the said circumstance, the said respondent proceeded with further steps to get it realized, invoking the machinery under the Revenue Recovery Act, leading to issuance of Exts. P2 and P3 notices, which in turn are under challenge in this Writ Petition. 2. The learned Counsel appearing for the respondent-Bank, on instruction, and also with reference to the contents of the statement filed before this Court today, submits that the outstanding liability is only Rs.88763.99/- as on 31.12.2009. The learned Counsel for the petitioner submits that the petitioner might be given some breathing time to wipe out the entire liability by way of reasonable installments. 3. After considering the facts and circumstances, the W.P.(C) No. 34484 OF 2009 2 petitioner is permitted to clear the liability by way of five equal monthly installments, the first of which shall be effected on or before the 25th of this month, to be followed by similar installments to be effected on or before the 25th of the succeeding months. Subject to the above, all further recovery proceedings pursuant to Exts.P2 and P3 shall be kept in abeyance. It is also made clear that if any default is committed in satisfying the liability as above, the respondents will be at liberty to proceed with further steps for realisation of the entire amount in a lump sum from the stage where it stands now. The Writ Petition is disposed of as above. P.R. RAMACHANDRA MENON, JUDGE. lk