IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 28TH JANUARY 2009 / 8TH MAGHA 1930 WP(C).No. 2848 of 2009(L) ------------------------- PETITIONER(S): ---------------------- S.VIJAYAN, S/O.STEPHEN, TC.NO.10/1613, V.S.BUILDINGS, MANNANTHALA, THIRUVANANTHAPURAM. BY ADV. SRI.M.RAMASWAMY PILLAI SRI.P.M.JOSEPH RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP. BY ITS SECRETARY FINANCE DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. CANARA BANK, MUTTADA BRANCH REP. BY ITS BRANCH MANAGER. 3. DISTRICT COLLECTOR, TRIVANDRUM. 4. DEPUTY TAHSILDAR(RR), TRIVANDRUM TALUK, TRIVANDRUM. 5. VILLAGE OFFICER, KUDAPPANAKUNNU. 6. K.RAVINDRAN, 52 YEARS, KIZHAKKETHIL VEEDU, PERAVOOR, MANNANTHALA, MUKKOLA PO., TRIVANDRUM. R1 & R3 TO R5 BY GOVT.PLEADER SRI. BEJOY CHANDRAN. R2 BY SC SRI. P. GOPINATHA MENON. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No. 2848 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of January, 2009 JUDGMENT Petitioner availed a loan. It was not repaid. It is stated that the petitioner is a small trader. Recovery steps are taken vide Exts.P1 and P1 (a). 2. I heard learned counsel for the petitioner, learned counsel for the second respondent and the learned Government Pleader. 3. Having heard learned counsel for the parties, I feel that the petitioner can be permitted to pay off the amount in ten equal monthly instalments. Accordingly, proceedings pursuant to Exts.P1 and P1(a) will be kept in abeyance on condition the petitioner pays off the entire amount due with interest in ten equal monthly instalments without collection charges, the first of which shall be payable on or before 20.2.2009 and the further instalments on or before the 20th of the succeeding months. The respondent Bank will serve a statement on the petitioner within two weeks from today showing the amount payable and also the exact amount of instalment to be paid by the petitioner in terms of this judgment. If the petitioner does not remit any single instalment, the petitioner will lose the benefit of this WPC.2848/2009. 2 judgment and the respondents are free to proceed against the petitioner in accordance with law. (K.M. JOSEPH, JUDGE) sb