IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 15TH JANUARY 2008 / 25TH POUSHA 1929 WP(C).No. 1792 of 2008(L) PETITIONERS: ----------------------- 1. MARTING DAVIS, AGED 37 YEARS, S/O. DEVASSY, KANNAMPUZHA HOUSE, MEKKAD P.O., NEDUMBASSERY VILLAGE, ANGAMALY. 2. DEVASSY K.S., KANNAMPUZHA HOUSE, MEKKAD P.O., NEDUMBASSERY VILLAGE, ANGAMALY. BY ADV. SRI.P.SHAIJAN JOSEPH RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP. BY THE SECRETARY, FINANCE DEPARTMENT, THIRUVANANTHAPURAM. 2. THE TAHSILDAR, REVENUE RECOVERY, ALUVA. 3. THE MANAGER, DHANALAKSHMI BANK LTD., ANGAMALY BRANCH,ANGAMALY. R1 & R2 BY GOVERNMENT PLEADER SRI.MATHEW GEORGE VADAKKEL R3 BY ADV.SRI.NAGARAJ NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- W.P.(C).No.1792 of 2008 ------------------------- Dated this the 15th day of January, 2008. JUDGMENT Though the maintainability of the writ petition, challenging the proceedings for recovery initiated at the instance of the 3rd respondent, which is a scheduled bank, is the moot question, since the learned counsel for the petitioner submits that what is required is only time to effect the payment demanded in Ext.P6, the writ petition is disposed of in the following terms, after hearing the learned standing counsel for the 3rd respondent also. The petitioner may pay the entire amount demanded in Ext.P6 in eight equal monthly instalments commencing from 01.02.2008. If there is default in payment of two consecutive instalments, the instalment facility granted in this judgment shall stand withdrawn and it will be open to the recovery officials to enforce the recovery notice, Ext.P6. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge