IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 26TH MAY 2010 / 5TH JYAISHTA 1932 WP(C).No. 16216 of 2010(B) -------------------------- PETITIONERS: --------------- 1. JAYAPRAKASH A.D., S/O DIVAKARAN, RESIDING AT ARAYAMPARAMBIL HOUSE, POST VALAPAD, PIN 680566, THRISSUR DISTRICT BY ADV. MR. C.R.REKHESH SHARMA MS. SMITHA GEORGE RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, REVENUE DEPARTMENT, THIRUVANANTHAPURAM. 2. DEPUTY TAHASILDAR (REVENUE RECOVERY), TALUK OFFICE, CHAVAKKAD, THRISSUR DISTRICT 3. VILLAGE OFFICER, VALAPAD VILLAGE OFFICE, POST VALAPAD, PIN 680 567, THRISSUR. 4. THE DHANALAKSHMI BANK LTD., VII - 351, PERINGOTTUKARA BRANCH, TRICHUR REPRESENTED BY ITS BRANCH MANAGER R1 TO R3 BY GOVERNMENT PLEADER MR. BIJOY CHANDRAN R4 MR. C.K. KARUNAKARAN, STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/05/2010, , THE COURT DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 16216 of 2010 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 26th day of May, 2010 JUDGMENT The petitioners are challenging the correctness and sustainability of the recovery proceedings being pursued by the respondents, particularly at the instance of the 4th respondent Bank, for realization of the amount under two loan transactions availed by the petitioners separately. The learned counsel for the petitioners submits that, the loans availed were agricultural loans, and that because of some adverse climatic changes and other circumstances, petitioners sustained huge loss, who turned to be defaulters. This made the respondents to proceed with the coercive steps under the Kerala Revenue Recovery Act, without paying any heed to the explanation offered from the part of the petitioners seeking for further time to clear the liability. 2. Heard the learned standing counsel appearing for the 4th respondent as well as the learned Government Pleader appearing for the other respondents. 3. Considering the facts and circumstances as narrated in the Writ Petition and taking note of the persuasive submissions made by the petitioners, pointing out the fact that the petitioners belong to lowest W.P. (C) No. 16216 of 2010 : 2 : pedestal in the society, the petitioners are permitted to clear the outstanding liability by way of '6' equal monthly installments; the first of which shall be paid on or before the 20th June, 2010; to be followed by similar installments to be effected on or before the 20th of the succeeding months. Subject to this, the coercive proceedings as per Exts. P1 to P4 being pursued against petitioner under the Kerala Revenue Recovery Act, shall be kept in abeyance for the time being. It is made clear that, if the petitioners commit any default in effecting the installments, as aforesaid, the respondents will be at liberty to proceed with further steps for realization of the entire amount in lump sum. The Writ Petition is disposed of accordingly. P. R. RAMACHANDRA MENON, JUDGE kmd