IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 29TH MARCH 2010 / 8TH CHAITHRA 1932 WP(C).No. 5568 of 2010(U) ------------------------------------ PETITIONER: ------------------- SHINY NANDIKESWARAN, AGED 32 YEARS, W/O.NANDIKESWARAN, VADUTHALA HOUSE, KANIPPAYUR, KUNNAMKULAM, THRISSUR. BY ADV. SRI.P.K.SAJEEV. RESPONDENTS: ------------------------ 1. THE DISTRICT COLLECTOR, THRISSUR. 2. THE DEPUTY TAHSILDAR (RR), TALUK OFFICE, TALAPPILLY, THRISSUR DISTRICT. 3. THE VILLAGE OFFICER, KANIPPAYUR VILLAGE OFFICE, THRISSUR DISTRICT. 4. SYNDICATE BANK, KUNNAMKULAM, REPRESENTED BY ITS MANAGER. R1 TO R3 BY GOVT. PLEADER SRI. BIJOY CHANDRAN, R4 BY SRI.R.S.KALKURA, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No.5568 of 2010-U ---------------------------- Dated this the 29th day of March, 2010. J U D G M E N T The petitioner had availed a loan of Rs.75,000/- in the year 2001 to be repaid within five years, under the 'PMRY Scheme' for starting a 'workshop' for her husband. Eventhough the petitioner was regularly satisfying the due amounts earlier, because of some unforeseen circumstances, further repayments could not be effected on time, under which circumstances, the respondent Bank proceeded with revenue recovery steps, which forms the subject matter of challenge in this Writ Petition. 2. The learned counsel for the Bank submits on instructions that the request made by the petitioner to permit her to clear the outstanding liability by way of instalments at the rate of Rs.10,000/- is abysmally on the lower side, though the learned counsel submits that the petitioner could be permitted to clear the liability in the shortest possible time. 3. The learned counsel for the petitioner submits that the plight of the petitioner is very pathetic and that there is no other W.P(C) No.5568 of 2010-U 2 property for the petitioner but for the 10 cents as described herein, where she is living with her husband, two children, her mother-in- law and also the brother of the husband, who is stated as paralysed. Taking note of the entire facts and circumstances, this Court permits the petitioner to clear the liability in a phased manner. 4. Accordingly, the petitioner is permitted to clear the liability by way of 'eight' equal monthly instalments; the first of which shall be effected on or before the 30th of April, 2010; to be followed by similar instalments to be effected on or before the 30th of the succeeding months. Subject to the above, all further coercive proceedings pursuant to Ext. P2 shall be kept in abeyance. It is also made clear that, if any default is committed by the petitioner in satisfying the due amount as above, it will open to the Bank, to proceed with appropriate steps for realisation of the entire amount in a lump sum. The Writ Petition is disposed of. Sd/- P.R.RAMACHANDRA MENON JUDGE //True Copy// ab P.A to Judge W.P(C) No.5568 of 2010-U 3