IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 16TH MARCH 2011 / 25TH PHALGUNA 1932 WP(C).No. 4329 of 2011(M) --------------------------------------- PETITIONER(S): ------------------------ PRABATH. N, SUDARASANA HOUSE, PAYAPPARA P.O., PALA, KOTTAYAM. BY ADV. SRI.V.G.ARUN, SRI.PRASAD CHANDRAN. RESPONDENT(S): -------------------------- 1. THE BRANCH MANAGER, BANK OF INDIA, MOOVATTUPUZHA BRANCH, KOTTAYAM, PIN- 686 661. 2. THE DEPUTY TAHSILDAR (RR), MENACHIL, POONJAR THEKKEKARA, KOTTAYAM, PIN- 686 581. 3. THE VILLAGE OFFICER, LALAM VILLAGE, POONJAR THEKKEKARA, KOTTAYAM, PIN- 686 581. R1 BY ADV. SRI.P.P.JOYI . R2 & R3 BY GOVT. PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/03/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.4329 of 2011 ------------------------------------------- Dated this the 16th day of March, 2011 J U D G M E N T ---------------------- Revenue recovery steps initiated against the petitioner pursuant to Ext.P1 series notices, is the subject matter of challenge in this writ petition. The amount sought to be recovered pertains to arrears due under a loan account availed by the petitioner from the 1st respondent Bank. The petitioner is disputing correctness of the amount under demand on the basis that, payments effected by him has not been given due credit. The petitioner is also raising contentions regarding correctness of the amount based on Ext.P3 statement of accounts, furnished by the 1st respondent Bank. 2. In a statement filed on behalf of the 1st respondent it is mentioned that total dues payable as on 16.2.2011 was Rs.2,61,655/- and after deducting payment of Rs.50,000/- made by the petitioner, pursuant to the interim order issued by this court, the net balance payable is Rs.2,11,655/- only. Petitioner points out that there is a difference between the amount sought to be recovered through Ext.P1 notice and the amount actually due. Learned counsel for the petitioner further makes an appeal to this court to permit payment of the amount as shown in the statement, in a phased manner within a reasonable time, on the basis that he W.P.(C).4329/11 -2- is relinquishing all other challenges. 3. Under the above circumstances I am of the view that, eventhough interference on merits is not warranted, the petitioner can be permitted to pay off the liability due to the 1st respondent in a phased manner within a reasonable time. 4. Therefore, the writ petition is disposed of directing the respondents to keep in abeyance all further coercive steps of recovery, provided the petitioner remits the amount of Rs.2,11,655/- due to the 1st respondent as on 21.2.2011, along with future interest if any due, in 5 (five) equal monthly instalments falling due on or before 31.3.2011 and on or before the last day of the succeeding months. The petitioner is permitted to make payment of the amounts directly to the 1st respondent. Realisation of collection charges if any pertaining to the revenue recovery steps shall be kept in abeyance pending final decision on the subject matter, which is awaited from the Hon'ble Supreme Court. 5. It is made clear that on the event of default in payment of any one of the instalments, the respondents will be at liberty to proceed with further steps and on such event the petitioner will be precluded from raising any subsequent challenge against such proceedings. C.K.ABDUL REHIM, JUDGE. okb