IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 26TH JULY 2010 / 4TH SRAVANA 1932 WP(C).No. 22242 of 2010(E) -------------------------- PETITIONER(S): --------------- SAJITH KUMAR, S/O.JANARDHANAN PILLAI, AGED 40 YEARS, KOTTAVILAYIL, WARD NO.XIV, PALLISSERIKKAL P.O., SASTHAMCOTTA VILLAGE, KOLLAM DISTRICT. BY ADV. SRI. K.SIJU SRI.PRATHEESH.P SRI.A.MUHAMMED RAFFI RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, KOLLAM - 691013. 2. THE DEPUTY TAHSILDAR (RR) KUNNATHOOR TALUK, KUNNATHOOR - 690540. 3. THE VILLAGE OFICER, SASTHAMCOTTA-690521 4. THE BRANCH MANAGER, CANARA BANK, MUNROE ISLAND BRANCH, KOLLAM-691502. ADV. DR.PAULY MATHEW MURICKEN FOR R4 BY GOVT. PLEADER SRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No.22242 of 2010-E ---------------------------- Dated this the 26th day of July, 2010. J U D G M E N T The petitioner availed a loan of Rs.2 lakhs from the respondent Bank, on the strength of the property offered as collateral security. But the repayment could not be effected on time, as scheduled. In the said circumstances, the Bank proceeded with further steps including by way of revenue recovery, which is under challenge in this Writ Petition. 2. The learned counsel for the Bank submits on instructions that, the petitioner had already approached the Government by filing a representation for enabling him to satisfy the liability by way of instalments, leading to issuance of Ext.P2 order dated 15.10.2008, whereby the petitioner was directed to satisfy 10% of the outstanding liability and to have the balance cleared by way of instalments, as specified therein. In spite of this, the petitioner satisfied only a meagre portion of the liability and did not honour his commitment; submits the learned counsel. 3. The learned counsel for the petitioner submits that, W.P(C) No.22242 of 2010-E 2 pursuant to Ext.P2, the petitioner has satisfied a sum of Rs.75,000/-. In the meanwhile, the Bank, without any regard to Ext.P2, pursued the matter by filing a civil suit as O.S.No.1030 of 2008 before the Sub Court, Kollam, for realization of the due amount and that the same is pending; which led to the default on the part of the petitioner. The petitioner is aggrieved of the coercive proceedings taken in the meanwhile; resorting to the remedy under the Revenue Recovery Act as borne by Ext.P1, which hence is under challenge. 4. The learned counsel for the petitioner submits that the petitioner does not intend to press the challenge as to the correctness or sustainability of the steps taken by the Bank and the only relief now pressed before this Court to permit the petitioner to clear the liability by way of reasonable instalments. Taking note of the submission made by the learned counsel for the Bank that, the total outstanding liability will come about Rs.2,86,074/-, the petitioner is directed to clear the entire outstanding liability by way of 'six' equal monthly instalments; the first of which shall be effected on or before the 20th of August, 2010; to be followed by similar instalments to be effected on or before the 20th of the W.P(C) No.22242 of 2010-E 3 succeeding months. Subject to the above, all further coercive proceedings shall be kept in abeyance for the time being. It is made clear that, if any default is committed by the petitioner in satisfying the due amount as above, it will be open to the respondents, to proceed with appropriate steps for realisation of the entire outstanding amount in a lump sum. The Writ Petition is disposed of. Sd/- P.R.RAMACHANDRA MENON JUDGE //True Copy// P.A to Judge ab