IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 1ST JUNE 2011 / 11TH JYAISHTA 1933 WP(C).No. 9466 of 2011(G) ------------------------------------- PETITIONER(S): ---------------------- ZAINUDHEEN MOOPPAN, S/O.BABU MOOPPAN, MANAYAMBRATHU HOUSE, CHEMBRA P.O., TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.JAMSHEED HAFIZ RESPONDENT(S): -------------------------- 1. THE STATE BANK OF TRAVANCORE, PULPARAMBA BRANCH, REPRESENTED BY ITS MANAGER, PULPARAMBA P.O., PIN-676 102, TIRUR TALUK, MALAPPURAM DISTRICT. 2. THE DEPUTY TAHSILDAR, REVENUE RECOVERY, TIRUR P.O., PIN-676 101, TIRUR TALUK, MALAPPURAM DISTRICT. R1 BY ADV. SRI.T.SETHUMADHAVAN, SRI.PUSHPARAJAN KODOTH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs C.K.ABDUL REHIM,J. ------------------------------- WP(C).NO. 9466 of 2011 --------------------------------- Dated this the 1st day of June, 2011 JUDGMENT Challenge in this writ petition is against revenue recovery proceedings initiated pursuant to Ext.P1 notice for realisation of amounts due in a loan account which was availed by the petitioner from the respondent Bank. Eventhough various contentions are raised, I find no legally tenable grounds to hold that the petitioner is not liable for payment of the amounts under demand. 2. However, by virtue of an interim order, the coercive steps were stayed subject to condition of the petitioner remitting a sum of Rs.75,000/-. It is reported that the stipulation has already been complied with. 2. Learned counsel appearing for the petitioner, made an appeal to this court to permit payment of the balance amounts in a phased manner within a reasonable time, subject to his liberty to approach the respondent Bank seeking waiver of interest/penal interest and expenses to the possible extent. WP(C).9466/2011 2 Eventhough interference on merits is not warranted, I am of the view that the petitioner can be permitted to wipe off the liability by paying the balance amount in instalments. Accordingly, the writ petition is disposed of directing the respondents to keep in abeyance all further coercive steps of recovery, which is initiated pursuant to Ext.P1 notice, subject to condition of the petitioner remitting the entire balance outstanding along with interest and other charges if any due, in 4 equal monthly instalments, falling due on or before 30.6.2011 and on or before the last day of the succeeding months. 4. It is made clear that the petitioner will be at liberty to approach the respondents seeking settlement of the account by waiver of interest/penal interest and expenses to the possible extent. The directions contained hereinabove will not stand in the way of the respondent Bank considering such request and taking appropriate decision. 5. It is further made clear that on the event of default committed in payment of any one of the instalments as stipulated above, the respondents will be free to proceed with further steps pursuant to notices already issued and on such WP(C).9466/2011 3 event the petitioner will be precluded from raising any subsequent challenge against such proceedings . C.K.ABDUL REHIM,JUDGE pmn/