IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 2ND SEPTEMBER 2010 / 11TH BHADRA 1932 WP(C).No. 26772 of 2010(V) -------------------------- PETITIONER(S): --------------- JAYAKUMAR, AGED 37 YEARS, S/O.GOPALAKRISHNA PILLAI, SUNITHALAYAM, KILIKOLOOR, KALLUMTHAZHAM P.O., KOLLAM. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, KOLLAM,PIN-691 013. 2. THE TAHASILDAR (REVENUE RECOVERY), TALUK OFFICE, KOLLAM, PIN-691 003. 3. THE MANAGER, SYNDICATE BANK, KUNDARA BRANCH, KOLLAM DISTRICT, PIN-691 501. 4. KERALA STATE MERCHANTS ASSOCIATION, ERAVIPURAM AREA COMMITTEE, UMAYANALLOOR, KOLLAM REPRESENTED BY ITS SECRETARY, PIN-691 011. BY SRI.R.S.KALKURA - SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J --------------------------- W.P(C) No.26772 of 2010-V ---------------------------- Dated this the 2nd day of September, 2010. J U D G M E N T The petitioner is a small scale trader who had availed a loan from the third respondent, to the tune of Rs.2,00,000/-, under the special scheme which was promoted by the fourth respondent Association. Consequent to default committed in repayment of the amounts, on the basis of the requisition made by the third respondent, revenue recovery steps were initiated. The second respondent had attached movables situated in the house of the petitioner on 16.8.2010, as evidenced from Ext.P2. Inspite of the attachment, those movables were allowed to be retained, on the petitioner's wife executing Ext.P3 undertaking to pay off the balance on or before 28.8.2010. 2. Eventhough various contentions disputing the liability was raised by the petitioner, Sri.C.Rajendran, learned counsel for the petitioner conceded that the petitioner is ready and willing to pay off the entire liability, if he is granted reasonable time for payment in instalments. The prayer was opposed by learned counsel appearing for the third respondent Bank, submitting that the loan account is in chronic default and that the proceedings under the Revenue Recovery Act is at its fag end. W.P(C) No.26772 of 2010-V 2 3. Eventhough interference on merits is not at all desirable, I am inclined to show indulgence in permitting the petitioner to pay off the entire liability within a reasonable time in instalments. It is also noticed that pursuant to an interim order passed by this Court on 20.8.2010, the petitioner had remitted an amount of Rs.50,000/-. 4. In the result, the writ petition is disposed of directing the respondents 1 and 2 to keep in abeyance all further steps of recovery, on condition of the petitioner remitting the entire balance outstanding along with interest if any due and collection charges, in 6 (six) equal monthly instalments falling due on or before 30.9.2010 and on or before the last day of every succeeding months. 5. It is made clear that on the event of default in payment of any of the instalments the respondents will be free to proceed with further steps. It is further made clear that the above relief is granted subject to the condition that the petitioner is precluded from raising any subsequent challenge against such proceedings, either before this Court or before any other forum. C.K.ABDUL REHIM JUDGE ab W.P(C) No.26772 of 2010-V 3