IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 28TH SEPTEMBER 2011 / 6TH ASWINA 1933 WP(C).No. 25821 of 2011(C) -------------------------- PETITIONER(S): PETITIONER ------------------------- 1. C.J.ANTONY,S/O JOB,CHITTILAPPILLY HOUSE, ATHULYA NAGAR,PLOT-B,KURIACHIRA(P.O.)THRISSUR DT. 2. BISSY,W/O C.J.ANTONY,CHITTILAPPILLY HOUSE,ATHULYA NAGAR,PLOT -B,KURIACHIRA(PO) THRISSUR DISTRICT. BY ADV. SRI.M.K.DILEEP KUMAR RESPONDENT(S): RESPONDENT ------------------------- 1. THE DEPUTY TAHSILDAR(RR), THRISSUR TLUK OFFICE,THRISSUR CITY(PO), THRISSUR DISTRICT-680020. 2. THE MANAGER,STATE BANK OF TRAVANCORE, THRISSUR CIVIL STATION BRANCH(PO),AYYANTHOLE, THRISSUR DISTRICT - 680 OO3. GOVERNMENT PLEADER SRI.SHAMSUDHEEN V.K. SRI. T. SETHUMADHAVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(c) No. 25821/2011 APPENDIX PETITIONER(S) EXHIBITS EXT.P1: TRUE COPY OF THE RECEIPT DT.2.2.2011 ISSUED FOR THE PAYMENT FOR THE PAYMENT OF RS.50,000/- UNDER REVENUE RECOVERY PROCEEDINGS. EXT.P2: TRUE COPY OF THE DEMAND NOTICE FOR THE ATTACHMENT OF MOVABLES DT.24.2.2011 ISSUED TO THE PETITIONER BY THE FIRST RESPONDENT. EXT.P3: TRUE COPY OF THE DEMAND NOTICE PRIOR TO THE ATTACHMENT OF LAND DT.24.2.2011 ISSUED TO THE PETITIONER BY THE FIRST RESPONDENT. RESPONDENTS' EXHIBITS : NIL /True copy/ P.A. to judge dnc S.SIRI JAGAN, J. ----------------------------------- W.P(c)No.25821 of 2011 --------------------------------- Dated this the 28th day of September, 2011 JUDGMENT Petitioners are defaulters in repayment of loan amounts due to the second respondent. The second respondent initiated Revenue Recovery Proceedings as well as a civil suit. Petitioners grievance in this Writ Petition is that while the suit is pending, the respondents could not have initiated the Revenue Recovery Proceedings. When it was pointed out that as per the decisions of this Court there is no embargo in the bank filing both the suit and initiating Revenue Recovery Proceedings, the learned counsel for the petitioners confines relief for permission to pay off the amounts in instalments. 2. This is opposed by the counsel for the bank. It is submitted by the learned counsel for the bank that earlier the surety for the loan availed of by the petitioners approached this court and obtained an interim order of stay on payment of Rs.50,000/-, which Writ Petition was later dismissed for default. According to the learned counsel for the bank, the petitioners W.P(c)No.25821 of 2011 2 cannot now seek the discretionary remedy before this Court in such circumstances. Having heard both sides, taking a lenient view, I direct the respondents to permit the petitioners to pay the amounts due in 12 equal monthly instalments starting from 1.11.2011. Every subsequent instalment shall be paid on the first working day of the every succeeding month. If the petitioners pay the instalments on due dates without default, further proceedings under the Act shall be kept in abeyance. However, if the petitioners commit 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. sd/- S.SIRI JAGAN, JUDGE /True copy/ P.A. to judge ln