IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 WP(C).No. 28132 of 2008(Y) -------------------------- PETITIONER(S): --------------- P.V. LOHITHAN, S/O VALLON, AGED 43 YEARS, PURATHUKADU HOUSE, KOTHAAD P.O., ERNAKULAM DISTRICT. BY ADV. SRI.JOHN VIPIN SRI.DENY JOSEPH RESPONDENT(S): --------------- 1. KERALA STATE DEVELOPMENT, CORPORATION FOR SCHEDULED CASTES & SCHEDULED TRIBES LIMITED, REGIONAL OFFICE, TOWN HALL ROAD, THRISSUR, REPRESENTED BY ITS REGIONAL MANAGER. 2. DEPUTY TAHSILDAR (RR), KANAYANNOOR TALUK, ERNAKULAM, KOCHI -11. 3. THE VILLAGE OFFICER, KADAMAKUDI VILLAGE, ERNAKULAM. ADV. M.K.CHANDRAMOHAN DAS SC GOVERNMENT PLEADER SRI.BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 28132 OF 2008 Y ```````````````````````````````````````````````````` Dated this the 29th day of September, 2008 J U D G M E N T Petitioner belongs to scheduled caste and he is a driver. He availed a loan from the 1st respondent but could not repaid. Recovery steps are taken against the petitioner. 2. I heard both parties. I feel that the petitioner can be permitted to pay off the amount in instalments. Accordingly, writ petition is disposed of as follows. Petitioner is permitted to pay the amount remained unpaid in monthly instalments. The first instalment shall be paid on or before 14.10.2008. The first instalment shall consist a sum of Rs.15,000/- and the balance amount will be paid in 11 equal monthly instalments. The first respondent will intimate the petitioner the balance amount to be paid in terms of this judgment upon the petitioner making the first payment and within one week thereof. If the petitioner continues to pay in terms of this judgment, recovery steps will WPC.28132/08 : 2 : be kept in abeyance. If the petitioner makes default in a single instalment, the petitioner will loose the benefit of this judgment and the respondents can proceed against the petitioner. As a condition for availing the benefit of this judgment, the petitioner will file an undertaking before this court that the petitioner will not transfer any of his movable or immovable properties till the amount is repaid. The undertaking shall be filed within one week from today. Sd/- (K.M.JOSEPH, JUDGE) aks /TRUE COPY/ P.A.TO JUDGE