IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 21ST FEBRUARY 2011 / 2ND PHALGUNA 1932 WP(C).No. 4449 of 2011(E) --------------------------------------- PETITIONER(S): ------------------------ CHANDRAKANT.J, AGED 26, S/O.JANARDHANAN, VARIKKUMAKKEL THAZHE (H),KAVUMBHAGOM PO. BY ADV. SRI.LIJI.J.VADAKEDOM RESPONDENT(S): ------------------------------ 1. DEPUTY TAHSILDAR(RR),KANJIRAPPALLY, OFFICE OF THE DEPUTY TAHSILDAR(RR), TALUK OFFICE, KANJIRAPPALLY PO,686 507. 2. VILLAGE OFFICER-CHERUVALLY VILLAGE, VILLAGE OFFICE, CHERUVALLY,KAVUMBHAGOM PO, KOTTAYAM DISTRICT 670 110. 3. SYNDICATE BANK-PONKUNNAM BRANCH, REPRESENTED BY ITS BRANCH MANAGER,SYNDICATE BANK, PONKUNNAM 686 506. R1 & R2 BY GOVERNMENT PLEADER SRI. BIJOY CHANDRAN R3 BY ADV. SRI. R.S.KALKURA, SC, SYNDICATE BANK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss C.K.ABDUL REHIM, J. ------------------------------- W.P.(C).No.4449 of 2011 ------------------------------- Dated this the 21st day of February, 2011. J U D G M E N T Coercive steps of recovery initiated on the basis of Ext.P2 series notices, for realising amounts due from the petitioner to the third respondent in a loan account availed for purchasing a car, is the subject matter of this writ petition. 2. Pursuant to notices issued under Kerala Revenue Recovery Act, the vehicle in question which is a motor car bearing registration No.KL-34/8912 was attached by respondents 1 and 2. According to the petitioner, the coercive steps of attachment was effected without considering payments made by the petitioner on various dates as evidenced from Ext.P3 series. Under the above circumstances the petitioner seeks release of the vehicle on the basis of an offer that he will clear payment of the entire overdue in the loan account and that he will continue payment of the future monthly instalments in accordance with the original schedule. 2 W.P.(C).No. 4449 of 2011 3. Heard learned standing counsel appearing for third respondent as well as Government Pleader for respondents 1 and 2. Standing counsel, on the basis of instructions, submitted that the balance outstanding overdue for payment (defaulted amounts) will come to around Rs.50,000/-. It is also conceded that the vehicle is under hypothecation with the third respondent and an endorsement to that effect was noticed in the Registration Certificate, a copy of which is produced as Ext.P1. 4. Considering the fact that, the loan was availed only in the year 2008 and the repayment period is for 7 years, I am of the view that the petitioner can be permitted to regularise the account subject to condition that he will make payment of the future monthly instalment without any default. 5. Therefore, this writ petition is disposed of directing respondents 1 and 2 to release the attached vehicle, subject to condition of the petitioner remitting the amounts in default before the third respondent Bank on or before 15.3.2011 and produces an undertaking in the form of an affidavit that the vehicle in question will not be parted with ownership or 3 W.P.(C).No. 4449 of 2011 possession and that he will not do anything which will cause diminution of its value, till the entire loan amount is cleared payment. It is made clear that the petitioner shall continue payment of future monthly instalments in accordance with the original schedule of repayment on the appropriate due dates. 6. It is made clear that on the event of default of payment as stipulated above, on in default in payment of any future monthly instalments, the respondents will be free to proceed with further steps. 7. If payment of regular instalments is made to the third respondent bank, the petitioner shall not insist for payment of collection charges subject to final outcome of the issue regarding liability for payment of collection charges, which is pending decision before the honourable Supreme Court. C.K.ABDUL REHIM, Judge ami/