IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 5TH JULY 2011 / 14TH ASHADHA 1933 WP(C).No. 1727 of 2011(M) ------------------------- PETITIONER: --------------- ROSY THOMAS, W/O.LATE P.K.THOMAS, AGESD 64 YEARS, PARAKA (H), PADUVAPURAM, KARUKUTTY, ANGAMALY. BY ADV. MR. C.A.JOY MR.SANJAY THAMPI RESPONDENTS: --------------- 1. CANARA BANK, ANGAMALY BRANCH, ANGAMALY, REPRESENTED BY ITS BRANCH MANAGER- 683 572. 2. THE DEPUTY TAHSILDAR, REVENUE RECOVERY, OFFICE OF THE SPECIAL TAHSILDAR (R.R.), ALUVA-683101 3. THE VILLAGE OFFICER, VILLAGE OFFICE, KARUKUTTY-683576. 4. BOBBY GEORGE, S/O.GEORGE P.K., PARAKKA HOUSE, EZHATTUMUGHAM, P.O.EZHATTUMUGHAM, ERNAKULAM DISTRICT -683577. GOVERNMENT PLEADER MR.BIJOY CHANDRAN. R1 BY ADV. MR. N.RAJAGOPALAN NAIR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 1727 of 2011(M) APPENDIX --------------- PETITIONER'S EXHIBITS ----------------------------------- P1:- THE TRUE COPY OF THE ABOVE LEGAL NOTICE. P2:- A TRUE COPY OF THE DEMAND NOTICE ISSUED UNDER SECTION 7 OF THE R.R.ACT P3:- A TRUE COPY OF THE DEMAND NOTICE ISSUED UNDER SECTION 33 OF THE R.R.ACT. P4:- A TRUE COPY OF THE REPRESENTATION. RESPPONDENT'S EXHIBITS :NIL RKC //TRUE COPY// PA TO JUDGE S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.1727 OF 2011 ---------------------------------------------- Dated this the 5th day of July, 2011 JUDGMENT The petitioner is a guarantor of a loan availed by the 4th respondent from the 1st respondent bank. The petitioner is aggrieved by the revenue recovery proceedings initiated by the 2nd respondent for recovery of loan arrears due from the 4th respondent. The petitioner is challenging the proceedings for recovery. In this writ petition, this Court has passed several orders as follows; On 21.1.2011, “S/C for respondent bank is directed to get instructions and to file statement if so advised. Post after one month. Meanwhile, further steps of recovery on the basis of Exts.P2 and P3 notices shall be kept in abeyance subject to condition of the petitioner remitting a sum of ` 40,000/- (Rupees forty thousand only) within one month from today” On 22.2.2011, “It is stated that the stipulations have already been complied with. Standing counsel to file a statement. Post after 2 weeks. Interim order will continue till then”. On 8.3.2011, “Standing counsel for respondent Bank seeks further time to file statement/counter affidavit. Post after two weeks. Interim order will continue till then”. W.P.(C)No.1727/11 2 On 22.3.2011, “No statement filed. Interim order is extended for a period of two weeks. Post after two weeks”. On 7.4.2011, “Standing counsel to file statement/Counter affidavit if any. Interim order is extended for a period of two months subject to condition of the petitioner remitting a further sum of Rs.60,000/- (Rupees sixty thousand only) within six weeks from today”. On 17.6.2011, “Standing counsel seeks further time. Post next week. Interim order will continue till then”. And On 27.6.2011, “Post on 5.7.2011. Interim order will continue till then”. Admittedly, the petitioner has not complied with all the directions. However, taking a lenient view, I permit the petitioner to pay off the balance amounts due in six equal monthly instalments starting from 1.8.2011. If the petitioner pays the instalment amounts on due dates without default, further proceedings pursuant to the revenue recovery notices shall be kept in abeyance. However, if the petitioner commits default in payment of any one of the instalments, respondents 1 to 3 can continue proceedings as now initiated without having to issue any fresh notice or proceedings in that regard. W.P.(C)No.1727/11 3 However, I make it clear that this will not stand in the way of the petitioner proceeding against the 4th respondent, principal debtor for recovery of the amount paid by the petitioner as surety. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE acd W.P.(C)No.1727/11 4