IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 17TH OCTOBER 2011 / 25TH ASWINA 1933 WP(C).No. 27333 of 2011(N) ---------------------------------------- PETITIONER(S): ----------------------- 1. SMT.ELSAMMA KURIAN @ E.V. ELSAMMA, W/O.A.J. JURIAN, AGED 42, AMBALATHINKAL HOUSE, P.O. MANALVAYAL, IRULAM AMSOM, SULTHANBATHERY TALUK. 2. A.J. KURIAN, S/O.JOSEPH, PROPRIETOR, -DO-. -DO-. 3. A.J. DAVISON, S/O.JOSEPH, AGED 35, -DO-. -DO-. BY ADV. SRI.K.R.SUNIL RESPONDENT(S): ------------------------- 1. THE SOUTH MALABAR GRAMEEN BANK, IRULAM, REPRESENTED BY ITS MANAGER & PRINCIPAL OFFICER, RESIDING AT SULTHANBATHERY TALUK, 673 592. 2. THE TAHSILDAR (REVENUE RECOVERY), AMBALAVAYAL, SULTHANBATHERY-673 592. R1 BY ADV. MR.T.R. RAVI, SC. R2 BY GOVT. PLEADER SMT.SHOBA ANNAMMA EAPEN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 27333 of 2011(N) APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1- THE TRUE COPY OF THE DECREE PASSED BY THE HON'BLE SUB JUDGE SULTHANBATHERY DATED 25.9.2003 IN OS.NO.79/2003. EXHIBIT P2- THE TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT VIDE NO.CG/83/B2/10-11. EXHIBIT P3- THE TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT VIDE NO.CG.82/BL/10-11. EXHIBIT P4- THE TRUE COPY OF THE APPLICATION DATED 4.10.2011 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT REQUESTING FOR A ONE TIME SETTLEMENT. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE rs S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.27333 OF 2011 ---------------------------------------------- Dated this the 17th day of October, 2011 JUDGMENT The petitioners challenge revenue recovery proceedings for recovery of loan amounts due from the petitioners to the 1st respondent in respect of which the 1st respondent has obtained Ext.P1 decree. The petitioners only seek facility to pay off the amounts in instalments. The petitioners also seek a direction to the 1st respondent to consider and pass orders on Ext.P4 representation. 2. Th learned counsel for the 1st respondent opposes the prayers. 3. Having heard both sides, I dispose of this writ petition with the following directions: The petitioners shall pay the amount due in ten equal monthly instalments starting from 1.11.2011. Every subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioners pay the instalments on due W.P.(C)No.27333/11 2 dates as directed above, further proceedings pursuant to Exts.P2 and P3 shall be kept in abeyance. However, if the petitioners commit default in payment of any one instalment, the respondents can continue proceedings as now initiated without having to issue any fresh notice or proceedings in that regard. In the meanwhile, the 1st respondent shall also consider and pass orders on Ext.P4, after affording an opportunity of being heard to the petitioners, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. In respect thereof, I note the averment made by the learned counsel for the 1st respondent that one time settlement facility is not available but, another scheme of compromise is available and the petitioners can take advantage of the same. S. SIRI JAGAN, JUDGE acd W.P.(C)No.27333/11 3 W.P.(C)No.27333/11 4