IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 28TH SEPTEMBER 2010 / 6TH ASWINA 1932 WP(C).No. 29563 of 2010 (U) -------------------------- PETITIONER: ------------------- 1. K.MANOJKUMAR, AGED 35 YEARS, S/O.R.KRISHNA PILLAI, KUMARA NIVAS, KOMANA, AMBALAPUZHA.P.O., AMBALAPUZHA, (PROPRIETOR K.S.M. TRADERS, OPP.POST OFFICE, KACHERY JUNCTION, AMBALAPUZHA). 2. ABIDA SALAM, AGED 50 YEARS, W/O.MUHAMMED ABDUL SALAM, CHAKKUNKAL HOUSE, PUNTHALA, PURAKKAD.P.O., ALAPPUZHA DISTRICT. 3. R.KRISHNA PILLAI, S/O.MADHAVA KAIMAL, AGED 64 YEARS, KUMARA NIVAS, KOMANA, AMBALAPUZHA, ALAPPUZHA DISTRICT. BY ADVS. SRI.K.A.MANZOOR ALI SRI.M.SAJJAD RESPONDENTS: ----------------------- 1. STATE BANK OF TRAVANCORE, AMBALAPPUZHA BRANCH, AMBALAPPUZHA TALUK, REPRESENTED BY ITS BRANCH MANAGER – 695306. 2. THE DEPUTY TAHSILDAR(REVENUE RECOVERY), AMBALAPPUZHA TALUK OFFICE, AMBALAPPUZHA – 695306. BY SRI.SATHISH NINAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK C.K.ABDUL REHIM, J --------------------------- W.P(C) No.29563 of 2010-U ---------------------------- Dated this the 28th day of September, 2010. J U D G M E N T Petitioners are aggrieved by coercive steps initiated under the provisions of the Kerala Revenue Recovery Act, on issuing Ext.P2 notice. The first petitioner availed a loan from the first respondent Bank for business purposes. Petitioners 2 and 3 are the guarantors. Consequent to default committed in repayment, the first respondent had filed a suit before the Sub Court, Alappuzha, as O.S.No.14/2010. It is stated that the amount claimed in the suit is Rs.5,54,143/-. The suit as well as the application for attachment is pending decision before the Civil Court. 2. Grievance of the petitioners is that during pendency of the civil suit, revenue recovery steps were initiated at the behest of the first respondent, and the impugned notices under Section 7 of the Kerala Revenue Recovery Act was issued. It is contended by the petitioners that initiation of parallel proceedings of recovery is not sustainable. It is trite law by this time that pendency of a civil suit is not a bar for invoking provisions of Revenue Recovery Act, if the W.P(C) No.29563 of 2010-U 2 debt is one recoverable under the said Act or by virtue of notification issued under Section 71 of the said Act. Therefore I am not inclined to entertain this writ petition on the merits to restrain the proceedings. 3. However, learned counsel for the petitioners submitted that the petitioners are ready and willing to pay off the arrears despite pendency of the civil suit, provided a reasonable time is granted for payment of the amount in instalments. Eventhough interference on merits is not at all warranted, I am inclined to grant relief in permitting payment of the amount in instalments within a reasonable time, without prejudice to rights of the first respondent to pursue the civil suit. 4. Accordingly, the writ petition is disposed of restraining the second respondent from taking any coercive steps pursuant to Ext.P2 notice, provided the petitioners make payment of the amount demanded along with future interest and expenses if any due, in 10 (ten) equal monthly instalments, falling due on or before 15.10.2010 and on or before the 15th day of succeeding months. 5. It is made clear that on the event of default in payment of any of the instalments the respondents will be free to proceed W.P(C) No.29563 of 2010-U 3 with further steps. It is further made clear that the above relief is granted subject to the condition that the petitioners are precluded from raising any subsequent challenge against such proceedings, either before this Court or before any other forum. Sd/- C.K.ABDUL REHIM JUDGE //True Copy// P.A to Judge ab