IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MRS.MANJULA CHELLUR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 WA.No. 1796 of 2011() --------------------- AGAINST THE JUDGEMENT IN WPC.27039/2011 Dated 17/10/2011 .................... APPELLANTS : WRIT PETITIONERS --------------------------------------------------- 1. FATHIMA.M.P., W/O. MOHAMMED, MANIKKAPARAMBA, OLAVATTOOR.P.O., KODNOTTY, MALAPPURAM DISTRICT. 2. MOHAMMED, MANIKKAPARAMBA, OLAVATTOOR.P.O., KONDOTTY, MALAPPURAM DISTRICT. 3. KUTTAYI C, S/O. VELAYUDHAN, THEKKETH PARAMBA, ARROOR, PO OLAVATTOOR, MALAPPURAM DISTRICT. BY ADV. MR. P.SAMSUDIN RESPONDENTS : --------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM PIN-676505. 2. THE DEPUTY TAHSILDAR, REVENUE RECOVERY, TALUK OFFICE, ERNAD TALUK, MANJERI-676121. 3. THE SYNDICATE BANK, REGIONAL OFFICE, SHANMUGHAM ROAD, ERNAKULAM-682031. R1 AND R2 BY SENIOR GOVERNMENT PLEADER MS. MEERA R2 MR. R.S. KALKURA, STANDING COUNSEL THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 25/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MANJULA CHELLUR, Ag. C.J. & P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.A. No. 1796 Of 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 25th day of November, 2011 JUDGMENT Manjula Chellur, Ag.C.J. The appellants herein are the writ petitioners before the learned Single Judge. They approached the learned Single Judge contending that, a portion of the property proposed to be attached in terms of Ext. P8 would be sufficient to realize the entire dues to the respondent Bank, therefore, the proposal of attachment as referred to at Ext. P8 is erroneous. They had also sought for restructuring of the repayment of the loan, in other words, regularise the payment of loan amount in installments. 2. The learned Single Judge, after referring to the contentions raised by the parties, taking a lenient view, as the loan in question is an agricultural loan, granted 10 equal monthly installments, commencing from 01.11.2011, for repayment of entire outstanding dues. However, we note from the submissions, that this concession shown by the learned Single Judge is not made use of by the appellants herein. During the course of hearing, the counsel for the appellants submits that, if 15 installments are granted, the appellants would be able to discharge the entire outstanding amount due to the respondent Bank. W.A No. 1796 of 2011 :2: 3. We heard the learned counsel for the respondent Bank and according to him as on 01.10.2011, the outstanding dues to the respondent Bank was Rs.7,77,649/-. 4. Taking into account the submissions made across the Bar, having regard to the fact that the appellants are agriculturists and the loan borrowed by them was for the improvement of agricultural land, we proceed to pass the following order. The appellants are permitted to repay the entire outstanding amount in 15 equal monthly installments, commencing from 15.12.2011. We also make it clear, if any single default is made in respect of payment of installments, the appellants will not be able to have the benefit of this order. With the above observations, we dispose of the Writ Appeal. Sd/- MANJULA CHELLUR, Ag. CHIEF JUSTICE Sd/- P. R. RAMACHANDRA MENON, JUDGE kmd /True copy/ P.A. to Judge