IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 WP(C).No. 11077 of 2009(D) -------------------------------------- PETITIONER(S): ---------------------- S.JAYAPRAKASH, AGED 42 YEARS, S/O.SUKUMARAN NAIR, JAYAMOHANAM HOUSE, ELANTHOOR VILLAGE, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.SETHUNATH RESPONDENT(S): ------------------------- 1. THE KERALA STATE FINANCIAL ENTERPRISES LTD., KOKOZENCHERRY BRANCH, REPRESENTED BY ITS MANAGER, PATHANAMTHITTA DISTRICT. 2. THE SPECIAL DEPUTY TAHSILDAR (R.R.), THE K.S.F.E LTD., KOLLAM-691001. 3. THE VILLAGE OFFICER, ELANTHOOR VILLAGE, PATHANAMTHITTA DISTRICT. R1 & R2 BY STANDING COUNSEL SRI.M.L.SAJEEVAN. R3 BY GOVERNMENT PLEADER SRI.BEJOY CHANDRAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. ------------------------------------------------------ W.P.(C) No.11077 of 2009-D ---------------------------------------------- Dated, this the 8th day of April, 2009 J U D G M E N T I heard learned counsel for the petitioner, learned standing counsel for respondents 1 and 2 and learned Government Pleader. 2. Petitioner availed loan from the Ist respondent which was not repaid. Surety of the petitioner is proceeded against. Petitioner seeks instalment facility to pay off the amount in respect of the loan N.C.L. 318 and prays that proceedings against the surety may be kept in abeyance. The writ petition is disposed of permitting the petitioner to pay off the remaining amount with due interest in three equal monthly instalments. The first instalment shall be paid on or before 20.4.2009. Further instalments shall be paid on or before the 20th day of the succeeding months. If the petitioner pays the amount in accordance with this judgment, proceedings against the surety will be kept in abeyance. (K.M.JOSEPH) JUDGE. MS