IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 18TH AUGUST 2011 / 27TH SRAVANA 1933 WP(C).No. 21945 of 2011(P) -------------------------- PETITIONER(S): --------------- SHIHABUDHEEN T.P., S/O.ASSAINAR T.P., AGED 40 YEARS, THAVALENGAL HOUSE, CHERAKKAPARAMBA, ANGADIPURAM, MALAPPURAM DISTRICT. BY ADV. SRI.U.K.DEVIDAS RESPONDENT(S): --------------- 1. THE MANAGER, STATE BANK OF TRAVANCORE, MANKADA BRANCH, MANKADA P.O., MALAPPURAM DISTRICT-679 324. 2. THE DEPUTY TAHSILDAR, REVENUE RECOVERY, PERINTHALMANNA, MALAPPURAM DISTRICT-679 322. 3. THE VILLAGE OFFICER, ANGADIPURAM, MALAPPURAM DISTRICT-679 321. R1 BY ADVS. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR R2 & R3 BY GOVT. PLEADER SRI.. C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 21945 of 2011(P) APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE DEMAND NOTICE DATED 08.07.2011 UNDER SECTION 34 OF THE REVENUE RECOVERY ACT ISSUED BY THE 2ND RESPONDENT. P2. COPY OF THE DEMAND NOTICE DATED 08.07.2011 UNDER SECTION 7 OF THE REVENUE RECOVERY ACT ISSUED BY THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE shg/ S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.21945 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of August, 2011 J U D G M E N T The petitioner is a defaulter in repayment of loan amounts due from him to the 1st respondent. The 1st respondent initiated revenue recovery proceedings through respondents 2 & 3 for recovery of the amounts due. That is under challenge in this writ petition. The petitioner seeks permission to pay off the amounts due in instalments. 2. This is opposed by the learned counsel for the 1st respondent. 3. Having heard both sides, I dispose of this writ petition with the following directions: The respondents shall permit the petitioner to pay off the amount due in 10 (ten) equal monthly instalments starting from 01.09.2011. Every subsequent instalment shall be paid on the first working day of every succeeding W.P.(C)No.21945 of 2011 -2- month. If the petitioner pays the instalments on due dates without default, further proceedings under the Act shall be kept in abeyance. However, if the petitioner commits default in payment of any one of the instalments, it would be open to the respondents to continue proceedings as now initiated without having to issue any fresh notice or proceedings in that regard. The petitioner has a case that insofar as the petitioner is paying the amount directly to the 1st respondent, the petitioner is not liable to pay collection charges. I make it clear that, it would be open to the petitioner to challenge the recovery of the collection charges appropriately. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/