IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 14TH OCTOBER 2011 / 22ND ASWINA 1933 WP(C).No. 27202 of 2011(A) -------------------------- PETITIONER(S): --------------- P.C.JAYACHANDRAN, S/O.CHERIAN, AGED 60 YEARS, PANAVELIKUZHIYIL VEEDU, KOMBAYAR ROAD, THANNIMEDU KARA, NEDUMKANDOM, IDUKKI DISTRICT. BY ADV. SRI.S.DILEEP (KALLAR) RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM PIN - 695001. 2. SPECIAL DEPUTY TAHSILDAR (R.R.), K.S.F.E.LTD., K.O.VARGHESE MEMORIAL BUILDING, BAKER JUNCTION, KOTTAYAM - 686 001. 3. KERALA STATE FINANCIAL ENTERPRISES LTD., BRANCH OFFICE KATTAPPANA, IDUKKI DISTRICT, REP. BY ITS MANAGER, PIN - 682 666. BY GOVT. PLEADER SMT.SHOBA ANNAMMA EAPEN SRI.M.L.SAJEEV - SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 27202 of 2011(A) APPENDIX PETITIONER(S) EXHIBITS EXT.P-1 TRUE COPY OF THE SALE NOTICE NO.SDT/KTM/3258, 3259, 3261, ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P-2 TRUE COPY REFERRAL OUT PATIENT REPORT ISSUED FROM THE GOVERNMENT MEDICAL COLLEGE HOSPITAL, KOTTAYAM DATED 13.4.2010 IN FAVOUR OF THE PETITIONER. EXT.P-3 TRUE COPY OF THE REGISTRATION CARD STANDS IN THE NAME OF PETITIONER'S WIFE, SMT.AMMINI JACOB IN REGIONAL CANCER CENTRE, THIRUVANANTHAPURAM DATED 19.2.2002. EXT.P-4 TRUE COPY TREATMENT CERTIFICATE DATED 24.12.2002 ISSUED FROM THE REGIONAL CANCER CENTRE, THIRUVANANTHAPURAM IN FAVOUR OF THE PETITIONER'S WIFE. EXT.P-5 TRUE COPY OF THE FOLLOW UP APPOINTMENT SLIP IN RESPECT OF PETITIONER'S WIFE SMT.AMMINI JACOB, ISSUED FROM THE REGIONAL CANCER CENTRE, THIRUVANANTHAPURAM, DATED 30.12.2010. EXT.P-6 TRUE COPY OF THE REPRESENTATION DATED 5.9.2011 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS : NIL //TRUE COPY// P.A TO JUDGE ab S.SIRI JAGAN, J ------------------------------------------------- W.P(C) No.27202 of 2011 -------------------------------------------------- Dated this the 14th day of October, 2011 J U D G M E N T The petitioner is aggrieved by the proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) initiated by the respondents for recovery of defaulted loan amounts. The petitioner does not dispute the liability to pay or the quantum. The petitioner only seeks facility to pay off the amount in instalments. 2. This is opposed by the learned standing counsel for the KSFE. 3. Having heard both sides, I am of opinion that the respondents can show some more leniency to the petitioner in the matter of payment of the balance amount due in instalments. Accordingly, this writ petition is disposed of with a direction to the respondents to permit the petitioner to pay off the balance amount due in 10 (ten) equal monthly instalments starting from 01.11.2011. Every subsequent W.P(C) No.27202 of 2011 : 2 : instalment shall be paid on the first working day of every succeeding month. If the petitioner pays the instalments on due dates without default, further proceedings under the Act shall be kept in abeyance. However, if the petitioner commits 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. S.SIRI JAGAN JUDGE ab