IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 15TH JULY 2011 / 24TH ASHADHA 1933 WP(C).No. 6987 of 2011(W) --------------------------------------- PETITIONER(S): ------------------------ SHEELA GOPAKUMAR, W/O.GOPAKUMAR, NANDANAM, AHMED HAJI ROAD, CHERIAPILLY, N. PARUR P.O., ERNAKULAM DISTRICT, PIN-683 513. BY ADV. SRI.R.SUDHISH, SRI.SUSHANTH.J., SMT.M.MANJU, SRI.K.R.RANJITH. RESPONDENT(S): -------------------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, KAKKANAD P.O., ERNAKULAM, PIN-682 030. 2. DEPUTY TAHSILDAR (RR), N. PARUR P.O., ERNAKULAM DISTRICT, PIN-683 513. 3. VILLAGE OFFICER, ELOOR, UDYOGAMANDAL P.O ERNAKULAM DISTRICT, PIN-683 501. 4. THE BRANCH MANAGER, CENTRAL BANK OF INDIA, BAZAR ROAD, MATTANCHERRY, KOCHI, PIN-682 002. R1 TO R3 BY GOVT. PLEADER MR.JAMES MATHEW KADAVAN. R4 BY ADV. SRI.DEVAN RAMACHANDRAN, SRI.S.NIKHIL SANKAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 6987 of 2011(W) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PLAINT IN ORIGINAL SUIT NO.103/2009 BEFORE THE HONOURABLE SUB COURT, KOCHI. EXT.P2: COPY OF THE WRITTEN STATEMENT FILED IN ORIGINAL SUIT NO.103/2009 BEFORE THE HONOURABLE SUB COURT, KOCHI. EXT.P3: COPY OF THE DEMAND NOTICE. EXT.P4: COPY OF THE DEMAND NOTICE. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE rs S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 6987 of 2011 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 15th day of July, 2011. J U D G M E N T Loan amounts are due from the petitioner to the 4th respondent-bank. The bank has initiated revenue recovery proceedings for recovery of the same. The petitioner challenges the same. But the petitioner seeks only a facility to pay off the amounts in instalments. This is opposed by the counsel for the bank. 2. I have considered the rival contentions in detail. 3. This Court passed two interim orders on 7.3.2011 and 5.4.2011 which read as follows: “There will be an interim stay against further steps of recovery pursuant to Exts. P3 and P4 for a period of 3 weeks subject to condition of the petitioner remitting a sum of Rs. 40,000/- (Rupees forty thousand only) within three weeks from today.” “It is submitted that the condition stipulated has already been complied with. Respondents are directed to file a statement/counter affidavit. Interim order will continue for a period of 2 months, subject to condition of the petitioner remitting a further sum of Rs. 70,000/- (Rupees seventy thousand only) in 2 equal instalments falling due on as before 30.4.2011 and on or before 31.5.2011.” It is admitted that the amounts due as per the interim orders have been paid. The petitioner seeks 6 instalments to pay off the balance amount. 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 amounts due in 6 equal monthly instalments starting from 1.9.2011. Every -: 2 :- subsequent instalment shall be paid on the first working day of succeeding months. If the petitioner pays the amount without default, further proceedings under the Act shall be kept in abeyance. If the petitioner fails to comply with the above direction, the respondent shall continue proceedings as now initiated without having to issue any further notice or proceedings. S. Siri Jagan, Judge. Tds/