IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN TUESDAY, THE 27TH MAY 2008 / 6TH JYAISHTA 1930 WP(C).No. 16046 OF 2006(I) -------------------------- PETITIONER: ------------ SATHEER.K.A., S/O.ABDUL KAREEM, AGED 31 YEARS, `CHANDAVILAYATH', PUTHEN BUNGLOW, PARANDOLE, ARYANAD, TRIVANDRUM. BY ADV. SRI.P.K.MOHAMED JAMEEL RESPONDENTS: ------------- 1. THE DISTRICT COLLECTOR, TRIVANDRUM. 2. THE TAHSILDAR, REVENUE RECOVERY, NEDUMANGAD. 3. THE VILLAGE OFFICER, ARYANAD. ADDITIONAL RESPONDENT NO: 4. THE MANAGER, CANARA BANK, PARANDODE BRANCH, TRIVANDRUM. (ADDL. RESPONDENT NO.4 IS IMPLEADED AS PER ORDER DATED 22.6.2006 IN I.A. NO. 8496/2006) GOVT. PLEADER SRI. M.R. SABU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 16046/2006 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 (a) PHOTO COPY OF THE RECEIPT FOR RS. 10,000/- EXT.P1(b) PHOTO COPY OF THE RECEIPT FOR RS. 15,000/- DATED 28.1.2005. EXT.P1(c) PHOTO COPY OF THE PASS BOOK. EXT.P2 PHOTO COPY OF THE NOTICE BY THE VILLAGE OFFICE, ARYANAD. RESPONDENTS' EXHIBITS: NIL. // TRUE COPY // P.S. TO JUDGE. KNC/- P.R. RAMAN, J. = = = = = = = = = W.P.(C) NO. 16046/2006 = = = = = = = = = = = = = DATED THIS, THE 27TH DAY OF MAY, 2008. J U D G M E N T Petitioner availed a loan of Rs. 76,000/- from the Canara Bank in 1997 under PMRY Scheme. He committed default in repayment of the same and the second respondent initiated revenue recovery proceedings for realisation of the amount due from the petitioner. It is challenging the said action of the respondents that this writ petition is filed. 2. It is admitted that the petitioner could not effect payment in time because of certain financial crisis. According to the petitioner, he had made a remittance of Rs.85,000/- towards loan repayment on different dates and Exts.P1(a) to P1 (c) are produced in evidence thereof. Petitioner complains that the interest charged is exorbitant. He has not produced the loan agreement to show that the interest charged is not in terms with the agreement. 3. Admittedly, when the petitioner has availed the loan, he is bound to repay the same in terms of the loan agreement. Ext.P2 notice itself will show that certain concessions were extended to the petitioner in the 'revenue WP(C) 16046/2006 :2: recovery mela' to be held on 14.3.2006 and the petitioner was given notice offering to settle the matter in such mela. But there is nothing to show that the petitioner made any such attempt to settle the matter. This Court granted a stay for a period of two months on condition that petitioner shall remit at the rate of Rs. 4,000/-, payable on or before the 10th of every month, commencing from July, 2006. Interim stay was thereafter extended by this Court on 22.8.2006 on the same terms. If the amount, as per the interim direction, has been paid by the petitioner, a statement showing the details of the same and the balance amount payable will be issued to the petitioner by the Bank. The present recovery steps will be kept in abeyance so as to enable the petitioner to file a representation showing the payment, if any, made pursuant to the direction of this Court. In case the petitioner has not made any such remittance, he will not be entitled to any benefits. The writ petition is disposed of with the above observation. P.R. RAMAN, (JUDGE) knc/-