IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 4TH AUGUST 2011 / 13TH SRAVANA 1933 WP(C).No. 19206 of 2011(A) ---------------------------------- PETITIONER(S): ------------------- MOHAMMED RASHEED, AGED 61 YEARS, S/O.ABDULLA PILLAI, SARANAS HOUSE, THONDANKULANGARA WARD, ARYAD SOUTH VILLAGE, AMABALAPPUZHA TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.K.RAMANATHAN RESPONDENT(S): -------------------- 1. THE BRANCH MANAGER, STATE BANK OF INDIA, ADB, ALAPPUZHA BRANCH, NEAR AVJ JN., ALAPPUZHA DISTRICT-688001. 2. THE VILLAGE OFFICER, ARYAD SOUTH VILLAGE ALAPPUZHA DISTRICT-688542. 3. THE DEPUTY TAHSILDAR, REVENUE RECOVERY, AMBALAPPUZHA TALUK, ALAPPUZHA DISTRICT-688001. 4. THE DISTRICT COLLECTOR, COLLECTORATE, ALAPPUZHA DISTRICT-688001. 5. THE PRINCIPAL SECRETARY, REVENUE DEPARTMENT, THIRUVANANTHAPURAM-695001. R1 BY ADV. SRI.P.V. SURENDRANATH, SC., SBI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 19206/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PASSBOOK FROM THE VYAPARI VYAVASAYI EKOPANA SAMITHY, TOWN NORTH UNIT, ALAPPUZHA. P2: COPY OF THE DEMAND NOTICE NO.RR/2010/2207/4 DTD. 24/03/11. P3: COPY OF THE RECEIPT SHOWING PAYMENT OF RS.5,000 DATED 31/05/2010. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 19206 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of August, 2011 J U D G M E N T The petitioner is a defaulter in repayment of loan amounts due from him to the 1st respondent. The 1st respondent initiated revenue recovery proceedings through respondents 2 to 4. That is under challenge in this writ petition. The petitioner contends that although the petitioner has taken a loan from the 1st respondent, the details shown in the revenue recovery notice is not that of the petitioner's loan. But he does not dispute the fact that he has committed default in repayment of the loan amount taken by him. He seeks only facility to pay off the amount in instalments. 2. This is opposed by the learned counsel for the Bank. 3. This Court has passed an interim order on 15.7.2011 directing the petitioner to pay an amount of W.P.(C)No. 19206 of 2011 -2- Rs.50,000/- as a condition for stay. It is admitted that the said amount has been paid. In the facts and circumstances of the case, I dispose of this writ petition with a direction to the respondents to allow the petitioner to pay off the balance amount due in 10 (ten) equal monthly instalments starting from 01.09.2011. Every subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioner pays the instalments on due dates without default, further proceedings under the Act shall be kept in abeyance. However, if the petitioner commits default in payment of any one of the instalments, it would be open to the respondents to continue proceedings as now initiated without having to issue any fresh notice or proceedings in that regard. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/