IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 22ND SEPTEMBER 2009 / 31ST BHADRA 1931 WP(C).No. 26466 of 2009(C) -------------------------- PETITIONER(S): --------------- P.G. SANTHOSH, AGED 30 YEARS, S/O. GOPALAN, PULLATTUKUNNEL HOUSE, VENMANY KARA, KANJIKUZHI VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT. BY ADV. SRI. P.S.SUJETH SMT.M.R.REENA RESPONDENT(S): --------------- 1. THE SECRETARY TO THE GOVT OF KERALA, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURM 2. THE DISTRICT COLLECTOR, IDUKKI. 3. THE DEPUTY TAHSILDAR (RR), THODUPUZHA. 4. THE VILLAGE OFFICER, KANJIKUZHI VILLAGE, KANJIKKUZHI. 5. THE BRANCH MANAGER, UNION BANK OF INDIA, CHELACHUVADU BRANCH, IDUKKI DISTRICT. ADV.SRI.A.S.P.KURUP, S.C. FOR R5 GOVERNMENT PLEADER SRI.A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J. ------------------------------ W.P.(C).No.26466 OF 2009 ------------------------------ Dated this the 22nd day of September, 2009 J U D G M E N T ---------------------- 1. Petitioner is aggrieved by steps for recovery initiated against him under the provisions of the Kerala Revenue Recovery Act, as evidenced by Ext.P3 and P4, for realisation of arrears in a Bank loan, availed by him from the 5th respondent Bank. The loan availed was to the tune of Rs.70,000/-, on 9.3.2006, for the purpose of setting up a 'Blacksmithy', he being an artisan Blacksmith. Since repayment in the loan account was defaulted, the respondents 2 to 4 had initiated steps for recovery, at the instance of the Bank. Contention of the petitioner is that all amounts paid by him has not been duly credited. Further contention is that the petitioner submitted Ext.P5 representation seeking permission for paying the entire liability in installments, which has not been considered. 2. Heard standing counsel for the 5th respondent Bank, who on the basis of instructions submitted that, after availing the loan as early as in the year 2006, the petitioner has effected payment of an amount of Rs.7,000/- only and the repayments due from 30.6.2007 onwards is in default. W.P.(C).26466/09 2 3. Having considered the rival contentions and the facts and circumstances of the case, I am inclined to show indulgence in the matter of permitting the petitioner to pay off the entire amount in installments, eventhough interference on merits with respect to the proceedings is not warranted. 4. Accordingly the writ petition is disposed of directing the petitioner to make payment of an amount of Rs.25,000/- on or before 31.10.2009, before the 5th respondent Bank. The respondents are directed to keep in abeyance further proceedings pursuant to Ext.P3 and P4 till such date. On payment of the said amount, the Bank will issue a balance statement showing the total outstanding as on that date after crediting all payments made till then, and also after providing waiver of interest and penal interest to the possible extent. The petitioner shall pay off the balance outstanding as per that statement, including the expenses and charges of collection if any due, in 4 equal monthly installments starting from 30.11.2009 and on or before the last day of the succeeding months. 4. It is made clear that on default in payment of any of the amounts stipulated above, the respondent Bank will be free to proceed with further steps of recovery, permissible under law. It is also made clear that the benefit granted under this W.P.(C).26466/09 3 judgment is subject to the condition that the petitioner is precluded from raising any further challenge against the proceedings before this Court or before any other forum. C.K.ABDUL REHIM, JUDGE. okb