IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 8TH JUNE 2011 / 18TH JYAISHTA 1933 WP(C).No. 11272 of 2011(H) -------------------------------------- PETITIONER: ------------------- KAVITHA ANIL KUMAR, KANICHUKULATHU VEEDU, KUTHIRAPANTHY, THAZHAVA. BY ADV. SRI.SYAM .J. SAM. RESPONDENTS: ------------------------ 1. DISTRICT COLLECTOR, (AUTHORISED OFFICER R.R), COLLECTORATE, KOLLAM – 698 001 2. THE CHIEF MANAGER, CANARA BANK, THAMARAKKULAM, KOLLAM – 698 413. 3. VILLAGE OFFICER, THAZHAVA VILLAGE – 698 782. R1 & R3 BY GOVT. PLEADER SRI. BIJOY CHANDRAN, R2 BY ADV. SRI. PAULY MATHEW MURICKEN, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.11272 of 2011 ------------------------------------------- Dated this the 8th day of June, 2011 J U D G M E N T ---------------------- Revenue recovery steps initiated pursuant to Ext.P2 notice for realisation of amounts due under a loan account which was availed by the petitioner from the 2nd respondent Bank, is the subject matter of challenge in this writ petition. Eventhough various contentions are raised challenging the recovery steps, I do not find any legally tenable ground in order to hold that the petitioner is not liable for payment of amounts due under the demand. 2. However, learned counsel for petitioner submitted that, payment to the extent of Rs.75,000/- was made after initiation of the proceedings under Ext.P1. The petitioner is now seeking only a limited relief to permit payment of the balance outstanding, in a phased manner, within a reasonable time. 3. Heard; standing counsel appearing for the 2nd respondent. Even though interference on merits is not warranted, I am of the view that the petitioner can be permitted W.P.(C).11272/11 -2- to wipe off the entire liability in a phased manner, within a reasonable time. 4. Accordingly the writ petition is disposed of directing the respondents to keep in abeyance all further coercive steps of recovery initiated pursuant to Ext.P1 notice, subject to condition of the petitioner remitting the entire balance outstanding along with interest and other charges if any due, in 6 (six) equal monthly instalments, falling due on or before 30.6.2011 and or before the last day of the succeeding months. 5. It is made clear that on the event of default in payment of any one of the instalments the respondents will be at liberty to proceed with further steps and on such event the petitioner will be precluded from raising any subsequent challenge against such proceedings. C.K.ABDUL REHIM, JUDGE. okb