IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 21ST JULY 2011 / 30TH ASHADHA 1933 WP(C).No. 19897 of 2011(J) --------------------- PETITIONER : -------------------- NIMMI ARNOLD, AGED 26 YEARS, W/O.SAJEEV, SURESH BHAVAN, KUMBALAM PO, KUNDARA, KOLLAM. BY ADVS. SRI. K.SHAJ SRI.SAJJU.S SRI.C.D.ANIL RESPONDENT(S): ------------------------- 1. THE DEPUTY TAHSILDAR, (REVENUE RECOVERY), KOLLAM - 691 004. 2. THE KERALA STATE BACKWARD CLASSES DEVELOPMENT CORPORATION LTD, REGD OFFICE: TC 15/25, PANKAJ, VELLAYAMBALAM, THIRUVANANTHAPURAM-10, REPRESENTED BY ITS MANAGING DIRECTOR 695 004. 3. THE KERALA STATE BACKWARD CLASSES DEVELOPMENT CORPORATION LTD, REGIONL OFFICE, KOLLAM REPRESENTED BY DISTRICT MANAGER 691 004. R1 BY SR. GOVT. PLEADER SRI. C.K. GOVINDAN R2 & R3 BY ADV. SRI.C.E.UNNIKRISHNAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 19897 of 2011(J) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF BENEFICIARY LOAN CARD ISSUED TO THE PETITIONER BY THE THIRD RESPONDENT ON AVAILAING THE LOAN AMOUNT. EXT.P1(a) : PAGE SHOWING THE REMITTANCE BY THE PETITIONER ON EXHIBIT P1 CARD. EXT.P2 : COPY OF THE DEMAND NOTICE UNDER SECTION 34 OF THE RR ACT WITH TALUK FILE NO. D7-3816/11 DATED 14/6/2011 ISSUED TO THE PETITIONER BY THE FIRST RESPONDENT. EXT.P3 : COPY OF THE DEMAND NOTICE UNDER SECTION 7 OF THE RR ACT WITH TALUK FILE NO. D7-3816/11 DATED 14/6/2011 ISSUED TO THE PETITIONER BY THE FIRST RESPONDENT. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.A TO JUDGE Mn S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.19897 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of July, 2011 J U D G M E N T The petitioner defaulted repayment of loan amounts due to the respondents 2 & 3. The respondents initiated recovery proceedings which is under challenge in this writ petition. The petitioner only seeks facility to pay off the amount in instalments. 2. I have heard the learned Government Pleader and the learned Standing Counsel for respondents 2 & 3 also. In the facts and circumstances of the case, I dispose of this writ petition with a direction to the respondents to permit the petitioner to pay off 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 01.08.2011. Every subsequent W.P.(C)No.19897 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. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/