IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 21ST JUNE 2011 / 31ST JYAISHTA 1933 WP(C).No. 11734 of 2011(N) ----------------------------------- PETITIONER(S): ----------------------- MATHEW GEORGE, AGED 65,S/O GEORGE, VELLOKUNNEL HOUSE, VENGALLOOR, THODUPUZHA, KADAVUR P.O, ERNAKULAM DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR) SRI.K.RAVI (PARIYARATH) RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REP.BY THE SECRETARY TO THE GOVT., REVENUE DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. PIN-695 001. 2. THE CANARA BANK, THODUPUZHA BRANCH, REP.BY ITS BRANCH MANAGER, THODUPUZHA.P.O., IDUKKI DISTRICT. 685 584. 3. THE DEPUTY TAHSILDAR, REVENUE RECOVERY, KOTHAMANGALAM, ERNAKULAM DISTRICT. 686 691. 4. THE VILLAGE OFFICER, KADAVUR VILLAGE OFFICE, ERNAKULAM DISTRICT. PIN-686 671. R2 BY ADVS. SRI.E.K.NANDAKUMAR, SC. SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.P.GOPINATH SRI.S.RAMU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 11734 of 2011(N) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : A TRUE COPY OF THE PLAINT IN O.S NO.107/2010 DATED 23/11/2010 ON THE FILE OF THE SUB COURT, THODUPUZHA EXT.P2 : A TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE DEFENDENTS IN EXT.P1 SUIT DATED 10/03/20101. EXT.P3 : A TRUE COPY OF THE REVENUE RECOVERY NOTICE SERVED ON THE PETITIONER DATED 10/03/2010. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE MNS C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.11734 of 2011 ------------------------------------------- Dated this the 21st day of June, 2011 J U D G M E N T ---------------------- Revenue recovery steps initiated for realisation of amounts due from the petitioner to the 2nd respondent Bank under a loan transaction, is the subject matter of challenge in this writ petition. Eventhough various contentions are raised, I do not find any legally tenable ground to hold that the petitioner is not liable for payment of the amounts under demand. However, it is noticed that after filing of this writ petition, in compliance with the interim order issued by this court, the petitioner had remitted a sum of Rs.75,000/-. 2. Learned counsel for petitioner submits that the petitioner is ready and willing to pay off the entire liability, provided the 2nd respondent considers the request for waiver of interest/penal interest and expenses to the possible extent. The petitioner seeks indulgence of this W.P.(C).11734/11 -2- court in permitting payment of the amounts in default, in a phased manner within a reasonable time. 3. Heard, standing counsel appearing for 2nd respondent. Considering the facts and circumstances, I am of the view that, eventhough interference on merits is not warranted, the petitioner can be permitted to pay off the entire liability in instalments within a reasonable time, subject to reserving his liberty to approach the Bank seeking settlement by waiver of amounts to the possible extent. 4. Accordingly the writ petition is disposed of directing the respondents to keep in abeyance all further coercive steps of recovery initiated pursuant to Ext.P3 and P3(a) notices, subject to condition of the petitioner remitting the entire balance, along with interest and other charges if any due, in 4 (four) equal monthly instalments falling due on or before 31.8.2011 and on or before the last day of the succeeding months. 5. It is made clear that the petitioner will be at W.P.(C).11734/11 -3- liberty to approach the 2nd respondent seeking settlement of the account through waiver of interest/penal interest and expenses to the possible extent. It is made clear that the directions contained above will not stand in the way of the 2nd respondent considering such request and taking appropriate decision. 6. It is further made clear that on the event of default in payment of any one of the instalments as stipulated above, the respondents will be at liberty to proceed with further steps of recovery and on such event the petitioner will be precluded from raising any subsequent challenge against such proceedings. C.K.ABDUL REHIM, JUDGE. okb