IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 16TH FEBRUARY 2010 / 27TH MAGHA 1931 WP(C).No. 4595 of 2010(Y) ------------------------- PETITIONER(S): --------------- O.K. KADEEJA, AGED 55 YEARS, W/O. MOOSA, D/O. MOIDUTTY, "KANNATH HOSUE", P.O. SHIVAPURAM,KANNUR DISTRICT. BY ADV. SRI.C.KHALID SMT.NAMITHA JYOTHISH SRI.T.P.SAJID RESPONDENT(S): --------------- 1. THE MANAGER, SYNDICATE BANK, MALOOR BRANCH, VIA, SHIVAPURAM. KANNUR DISTRICT. 2. THE TAHSILDAR, REVENUE RECOVERY, THALASSERY. STANDING COUNSEL SRI.R.S.KALKURA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. ----------------------------------------------- WP(C) No. 4595 of 2010 --------------------------------------- Dated, this the 16th day of February, 2010 J U D G M E N T The petitioner is aggrieved of the recovery proceedings being pursued at the instance of the respondent Bank for realisation of the amount due from the petitioner under a loan transaction. The learned counsel for the petitioner submits that the coercive proceedings taken by the respondents causing the property of nearly 29 cents of land to be sold in public auction scheduled on 18.02.2010 are not correct or sustainable under any circumstance. It is also the case of the petitioner that he belongs to the class of 'Below Poverty Line' and that the petitioner might be permitted to clear the liability in a phased manner. 2. The learned counsel appearing for the Bank submits on instructions that a total sum of Rs.85,579/- plus interest at the rate of 13% from 01.01.2008 and such other expenses are due as shown in Ext.P2. The learned counsel for the petitioner submits that the petitioner has already effected a payment of Rs.25,000/- in the year 2009, i.e., after the issuance of Ext.P2, as borne by Exts.P3 and P4 and as such, the sale of the entire properties of 29 cents is not at all necessitated, the liability having substantially been scaled down. WP(C) No.4595/2010 2 3. In the above facts and circumstances, this Court finds it fit and proper to permit the petitioner to satisfy the entire liability by way of reasonable instalments. Accordingly, the petitioner is directed to deposit a sum of Rs.20,000/- on or before the last working day of this month and the balance shall be cleared by way of ‘five’ equal monthly instalments, the first of which shall be effected on or before the 30th of March, 2010, to be followed by similar instalments to be effected on or before the 30th of the succeeding months. Subject to the above, all recovery proceedings stated as being pursued against the petitioner shall be kept in abeyance. The Writ Petition is disposed of accordingly. P. R. RAMACHANDRA MENON JUDGE dnc