IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 20TH DECEMBER 2011 / 29TH AGRAHAYANA 1933 WP(C).No. 33351 of 2011(T) ----------------------------------- PETITIONER(S) : --------------------- SANDEEP K.V. S/O VASU, KEEZHILLATH HOUSE, CHANA ROAD, PONNANI, MALAPPURAM. BY ADVS. SRI. JIJI THOMAS PAMBACKAL SMT.SMITHA MATHEW RESPONDENT(S) : ------------------------- 1. STATE BANK OF TRAVANCORE REPRESENTED BY ITS MANAGER PONNANI, MALAPPURAM - 673 001. 2. THE DISTRICT COLLECTOR, MALAPPURAM - 673 001. 3. DEPUTY TAHASILDAR (REVENUE RECOVERY) TALUK OFFICE, PONNANI, MALAPPURAM- 673 001. R1 BY ADV. SRI. T.SETHUMADHAVAN SRI. PUSHPARAJAN KODOTH SRI. K.JAYESH MOHANKUMAR R2 & R3 BY GOVT. PLEADER SRI. S. JAMAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: NS WP(C).No. 33351/2011 APPENDIX PETITIONER(S) EXHIBITS : EXT. P1 : COPY OF THE PASS BOOK EXT. P2 : COPY OF THE DEMAND NOTICE DATED 29.10.2011. EXT. P3 ; COPY OF THE REPRESENTATION DATED 2/12/2011 SUBMITTED BY THE PETITIONER. RESPONDENT(S) EXHIBITS : NIL / TRUE COPY / P.A. TO JUDGE NS S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.33351 of 2011 ---------------------------------------------- Dated this the 20rd day of December, 2011 JUDGMENT The petitioner challenges proceedings under the Revenue Recovery Act initiated by the respondents for recovery of loan amounts due from the petitioner to the respondents. The petitioner does not dispute the liability to pay or the quantum. The petitioner only seeks opportunity to regularise the loan account by paying the defaulted instalment amounts and to pay the future instalments as per the original loan agreement. 2. This is opposed by the learned counsel for the bank. However, taking a lenient view, I dispose of this writ petition with the following directions: If the petitioner pays the amounts stipulated by the bank for regularising the loan account in two equal monthly instalments along with regular instalments payable in accordance with the original loan agreement for January and February, 2012, the respondents shall permit the petitioner to regularise the loan account and to pay off the future instalments as per the original W.P.(C)No.33351/11 2 loan agreement. If the petitioner complies with the above directions and continue to pay the future instalments as per the original loan agreement on the due dates without default, further proceedings under the Act shall be kept in abeyance. However, if the petitioner commits default in payment of either the defaulted amounts or any of the future instalments as per the original loan agreement, 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 acd W.P.(C)No.33351/11 3 W.P.(C)No.33351/11 4