IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 22ND FEBRUARY 2010 / 3RD PHALGUNA 1931 WP(C).No. 4076 of 2010(H) ------------------------- PETITIONER(S): --------------- SARITH S, AGED 29 YEARS, S/O.B.K.SASI, ANIZHAM HOUSE, PANAMPILLY NAGAR, ELAMKULAM VILLAGE, KANAYANNUR TALUK. BY ADV. SRI.K.VINODKUMAR (707/89) SMT.K.V.LEKSHMY SMT.C.L.MANJU RESPONDENT(S): --------------- 1. BANK OF INDIA, MARKET BRANCH, NORTH PARAVOOR REPRESENTED BY ITS MANAGER. 2. THE TAHSILDAR (RR), KANAYANNUR TALUK, ERNAKULAM, KOCHI-11. 3. THE VILLAGE OFFICER, ELAMKULAM VILLAGE, OFFICE AT KADAVANTHRA, KOCHI-20, ERNAKULAM DIST. 4. SMT.SHINY JOSEPH, D/O.JOSEPH, VATTAPARAMBIL HOUSE, KOONAMAVU DESOM, PARAVOOR TALUK. ADV. SRI.C.A.JOY FOR R1 GOVERNMENT PLEADER SRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. ----------------------------------------------- WP(C) No. 4076 of 2010 -------------------------------------- Dated, this the 22nd day of February, 2010 J U D G M E N T The petitioner is challenging the recovery proceedings stated as being pursued at the instance of the first respondent Bank invoking the machinery under the Kerala Revenue Recovery Act. The learned counsel appearing for the petitioner submits that the limited prayer now pressed is only to permit the petitioner to satisfy the entire liability by way of reasonable instalments. 2. Heard the learned counsel for the first respondent as well; who submits on instructions, that some amounts have been paid in respect of the transaction after the issuance of Ext.P2 Revenue Recovery notice, as evident from the statement produced by the petitioner as Ext.P3, showing that the outstanding liability is only Rs.48,700/- as on 01.01.2010. 3. Considering the facts and circumstances, the petitioner is permitted to clear the entire outstanding liability by way of ‘three’ equal monthly instalments, the first of which shall be effected on or before the 10th of March, 2010, to be followed by similar instalments to be effected on or before the 10th of the succeeding months. Subject to the above, WP(C) No.4076/2010 2 the recovery proceedings stated as being pursued against the petitioner pursuant to Ext.P2 demand notice shall be kept in abeyance. It is also made clear that if any default is committed by the petitioner in satisfying the liability as above, the respondent Bank will be at liberty to proceed with further steps for realisation of the entire amount in a lump sum. The Writ Petition is disposed of accordingly. P. R. RAMACHANDRA MENON JUDGE dnc