IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 4TH JANUARY 2011 / 14TH POUSHA 1932 WP(C).No. 36005 of 2010(A) --------------------------------- PETITIONER(S): ------------------- SHAJI JOSEPH, AGED 42 YEARS, S/O.K.J.JOSEPH, KAVUMKAL ENTERPRISES, KATTAPPANA, IDUKKI (DIST). BY ADV. SRI.P.V.GEORGE(PUTHIYIDAM) RESPONDENT(S): -------------------- 1. DISTRICT COLLECTOR, COLLECTORATE, IDUKKI (DIST) - 685 603. 2. DEPUTY COLLECTOR, NEDUMKANDAM P.O. IDUKKI (DIST) - 685 553. 3. STATE BANK OF TRAVANCORE, REPRESENTED BY BRANCH MANAGER, KATTAPPANA, KATTAPPANA P.O., IDUKKI (DIST) - 685 508. R1 & R2 BY GOVT.PLEADER SRI.BIJOY CHANDRAN R3 BY ADV. SRI.SATHISH NINAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs C.K.ABDUL REHIM, J --------------------------------------- W.P(C) No.36005 of 2010-A ---------------------------------------- Dated this the 4th day of January, 2011. J U D G M E N T Challenge in this writ petition is against revenue recovery steps initiated pursuant to Exts.P1 and P2 notices issued under Section 7 and 34 of the Kerala Revenue Recovery Act respectively. The amount sought to be recovered pertains to arrears in a loan account availed by the petitioner from the respondent Bank. Eventhough various contentions are raised, I find no legally tenable ground to interfere with the proceedings of recovery initiated. 2. However, as a gesture of indulgence, further coercive steps were stayed, by virtue of an interim order issued on 2.12.2010, subject to condition of the petitioner remitting a sum of Rs.1,50,000/-. It is reported that the said amount was already paid in compliance with the stipulations. W.P(C) No.36005 of 2010-A 2 3. Learned counsel appearing for the petitioner seeks indulgence of this Court in permitting payment of the entire balance in a phased manner. 4. Heard; standing counsel appearing for the 3rd respondent. It is submitted that the business loan in question was availed in the year 2005 and the petitioner had defaulted repayments consecutively. It is noticed that the recovery steps was initiated for realising a sum of Rs.5,65,163/- along with interest due thereon from 31.3.2009 onwards. Under such circumstances, the respondents are not favouring in allowing any extended period for payment of the balance amounts. 5. Considering the facts and circumstances, I am of the view that, eventhough interference on merits is not proper, indulgence can be shown in permitting the petitioner to pay off the entire liability within a reasonable time, in instalments. 6. Accordingly, the writ petition is disposed of directing the respondents to keep in abeyance all further W.P(C) No.36005 of 2010-A 3 steps of recovery initiated on the basis of Exts.P1 and P2 notices, provided the petitioner remits the entire balance outstanding along with interest if any due, in 6 (six) equal monthly instalments, falling due on or before 31.1.2011 and on or before the last day of succeeding months. 7. It is made clear that on the event of default in payment of any one of the instalments, the respondents will be free to proceed with further steps on the basis of the notices already issued. It is further made clear that the above relief is granted subject to condition that the petitioner is precluded from raising any subsequent challenge against the proceedings. C.K.ABDUL REHIM JUDGE ab