IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 12TH AUGUST 2009 / 21ST SRAVANA 1931 WP(C).No. 8213 of 2006(C) ------------------------- PETITIONER(S): --------------- SABU JAHAS, S/O. MUHAMMED, PANDAKASALA, P.O. PERUMATHURA, TRIVANDRUM. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENT(S): --------------- 1. THE MANAGING DIRECTOR, KERALA STATE BACKWARD CLASSES DEVELOPMENT CORPORATION, TRIVANDRUM. 2. THE TAHSILDAR, TALUK OFFICE, CHIRAYINKEEZHU, TRIVANDRUM. ADV. SRI.C.S.MANILAL FOR R1 SRI.C.E.UNNIKRISHNAN,SC,K.S.B.C.DEVP.CO FOR R1 R2 BY G.P. SRI.MATHEW VADAKKEL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF THE COMMUNICATION BY R1 DT.12.1.2006 TO THE PETITIONER. P2: TRUE COPY OF LETTER DT.30.1.2006 BY THE TAHSILDAR, CHIRAYINKEEZHU TO THE PETITIONER. P3: TRUE COPY OF THE AUTHORIZATION LETTER GIVEN BY PETITIONER DT.22.2.2006. P4: TRUE COPY OF NOTICE ISSUED UNDER R.R. ACT TO THE PETITIONER BY R2. P6: TRUE COPY OF REPORT SENT BY THE DISTRICT MANAGER, TRIVANDRUM TO THE MANAGING DIRECTOR OF KERALA STATE BACKWARD CLASSES DEVELOPMENT CORPORATION LTD., TRIVANDRUM. RESPONDENT'S EXHIBITS: ANNEXURE-I: TRUE COPY OF STATEMENT OF ACCOUNT. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.8213 of 2006 .................................................................... Dated this the 12th day of August, 2009. JUDGMENT The W.P. is filed challenging recovery proceedings for recovery of arrears of loan availed by the petitioner from the first respondent for purchasing a car under the self employment scheme. According to the petitioner, out of Rs.2,70,000/- availed, petitioner has repaid Rs.1,65,000/- and the balance is only Rs.1,05,000/-. Even though petitioner agreed to settle liability in Adalath, the respondent did not allow it on account of declaration of Assembly Election results. Elections were over three years back and even now respondents have not chosen to communicate any incentives that could be granted to the petitioner. In any case since the matter is pending for long, petitioner can be granted full waiver of penal interest provided balance arrears with actual interest is paid by the petitioner within a reasonable time. The petitioner is granted five equal monthly instalments to clear the arrears with simple interest at the agreed rate. The petitioner will pay first instalment on or before 30th September, 2009 and the balance on or 2 before the 30th of four succeeding months. Revenue recovery proceedings will be kept in abeyance for payment as above. However, if default is committed in payment of any instalment, the incentive granted by this court by way of waiver of penal interest and compounding interest will stand cancelled and respondents will proceed for recovery of entire arrears. W.P. is disposed of as above. C.N.RAMACHANDRAN NAIR Judge pms