IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 18TH MAY 2010 / 28TH VAISAKHA 1932 WP(C).No. 13671 of 2010(H) -------------------------- PETITIONER: --------------- T.V.JANARDHANAN, AGED 53 YEARS, S/O.LATE KANNAN, THETTATHVALAPPIL, KANHIRODE P.O., KOODALI, KANNOOR. BY ADV. SRI.C.R.SIVAKUMAR RESPONDENTS: --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF FINANCE, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE KERALA FINANCIAL CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, KFC, VELLAYAMBALAM, THIRUVANANTHAPURAM. 3. THE BRANCH MANAGER, KERALA FINANCIAL CORPORATION, CHANDROTH COMPLEX, KANNOOR -1. 4. THE DEPUTY TAHSILDAR (RR) KERALA FINANCIAL CORPORATION, KANNOOR. R1 AND R4 BY GOVERNMENT PLEADER ADV. MR. BIJOY CHANDRAN. R2 AND R3 BY ADV. MR. R.S. KALKURA, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 13671 OF 2010 ......................................................................... Dated this the 18th May , 2010 J U D G M E N T The petitioner is challenging the recovery proceedings pursued at the instance of the respondents for realisation of the amount stated as due from him, pursuant to the compromise settlement. The petitioner seeks for some breathing time to clear the balance amount, he having paid more than 50% of the liability by remitting a sum of Rs.50,000/- in the meanwhile. 2. The sequence of events shows that the petitioner had availed a loan of Rs.81,000/- from the third respondent in the year 1987, which however could not be repaid on time whereby, the amount got mounted up by way of interest and the total liability crossed Rs.29 lakhs. It was at this point, that the petitioner had approached this Court earlier by filing W.P.(C) No.3136 of 2010, seeking for finalisation of the compromise proposal, which led to Ext. P5 judgment dated 08.02.2010, whereby payment of Rs.50000/- made pursuant to the interim order was recorded and the coercive steps were intercepted, giving appropriate directions to the parties concerned. Pursuant to the above verdict, the matter was considered by the respondent Corporation, issuing Ext. P6 order, whereby, in the place of total liability of more than Rs. 29 lakhs, the matter was W.P.(C) No. 13671 OF 2010 2 agreed to be settled for a total sum of Rs. 90000/- (Rupees Ninety thousand only) giving a go-bye to more than Rs. 28 lakhs (with regard to which course, this Court does not express any opinion ) and the petitioner was required to satisfy the said amount on or before 31.03.2010. The petitioner filed Ext.P7 representation dated 06.04.2010 before the concerned Branch Manager, pointing out the hardships and requesting for five months' time to settle the balance amount of Rs.40,000/- and to have the loan account closed. 3. The Learned Counsel for the Corporation submits that the said representation has not been actually received by the Branch Manager. It is contended that no interference is warranted, more so in view of the fact that the concession given to the petitioner as per Ext. P6 was subject to the condition that the amount was to be satisfied on or before 31.03.2010. 4. True, a 'cut off date' is mentioned in Ext. P6. It is also true that, because of non-remittance of the balance amount of Rs.40,000/- before 31.03.2010, the respondent Corporation has sustained some loss in respect of the said amount from 01.04.2010. The learned Counsel for the petitioner submits that the petitioner is ready to satisfy the balance amount within one month. W.P.(C) No. 13671 OF 2010 3 5. Taking note of the particular facts and circumstances, this Court finds that interest of justice will be satisfied, if the petitioner is permitted to clear the remaining liability within one month, subject to the condition that the petitioner pays the said amount with subsequent interest at the prescribed rate under the loan transaction from 01.04.2010 with such other incidental expenses, if any, to be specified by the respondents within one week from the date of receipt of a copy of the judgment. The liability, as above, shall be satisfied within one month thereafter. Subject to the above, all revenue recovery proceedings shall be kept in abeyance, for the time being. If any default is committed by the petitioner in honouring the commitment as above, the respondents will be free to proceed with further steps.. The Writ Petition is disposed of as above. P.R. RAMACHANDRA MENON, JUDGE. lk