IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 11TH NOVEMBER 2011 / 20TH KARTHIKA 1933 WP(C).No. 30086 of 2011(I) -------------------------- PETITIONER(S): --------------- 1. SHIYAS,S/O.ABDUL SALAM,AGED 39 YEARS, PADIYATH HOUSE, ERIYAD PO, PIN 680 666, THRISSUR DISTRICT. 2. ABOOBACKER, S/O.KADER, KOTTIKKAL HOUSE, NEAR K.V.H.S , ERIYAD, KODUNGALLUR,THRISSUR DISTRICT. BY ADV. SRI.V.M.KRISHNAKUMAR SRI.K.A.MOHAMMAD SIDHIQUE RESPONDENT(S): --------------- 1. THE AUTHORISED OFFICER,CANARA BANK, KODUNGALLUR 680 012. 2. THE CANARA BANK, REPRESENTED BY MANAGER, CANARA BANK, KODUNGALLUR 680 012. 3. THE DEPUTY TAHSILDAR,(REVENUE RECOVERY) TALUK OFFICE, KODUNGALLUR 680 001. ADV.SRI.V.B.HARI NARAYANAN FOR R1-2. GOVT.PLEADER, SRI.S.JAMAL FOR R3. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SU W.P.(C).NO.30086/2011 APPENDIX PETITIONERS' EXHIBITS: P1: COPY OF THE FORM 10 DEMAND NOTICE ISSUED UNDER SECTION 34 OF THE REVENUE RECOVERY ACT DATED 22/10/2011. P2: COPY OF THE FORM I DEMAND NOTICE ISSUED UNDER SECTION 7 OF THE REVENUE RECOVERY ACT DATED 22/10/2011. RESPONDENTS' EXHIBITS: NIL. /TRUE COPY/ P.A. TO JUDGE SU S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.30086 of 2011 ---------------------------------------------- Dated this the 11th day of November, 2011 JUDGMENT The petitioners challenge proceedings under the Revenue Recovery Act initiated by the respondents for recovery of the loan amounts due from the petitioners to the respondent bank. The petitioners do not dispute the liability to pay or the quantum. The petitioners only seek facility to pay off the amounts due in instalments. 2. This is opposed by the learned counsel for the bank. However, taking a lenient view, I dispose of this writ petition with the following directions: The respondents shall permit the petitioners to pay off the balance amount due in ten equal monthly instalments starting from 1.12.2011. Every subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioners pay the instalments on due dates without default, further proceedings under the Act shall be kept in abeyance. However, if the petitioners commit default in payment of any one W.P.(C)No.30086/11 2 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. S. SIRI JAGAN, JUDGE acd W.P.(C)No.30086/11 3