IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 2ND APRIL 2008 / 13TH CHAITHRA 1930 WP(C).No. 11204 of 2008(H) -------------------------- PETITIONER: ------------ SIJU JACOB,S/O.K.A.JACOB,AGED 24, KALLUVATHIL HOUSE,KADAMAKKUDY,PIZHALA P.O, ERNAKULAM DISTRICT. BY ADV. SRI.G.KRISHNAKUMAR RESPONDENTS: ------------- 1. DEPUTY TAHSILDAR (RR),KANAYANNUR TALUK, ERNAKULAM. 2. DISTRICT COLLECTOR,ERNAKULAM. 3. DHANALAKSHMI BANK LTD,CHERANALLOOR BRANCH,ERNAKULAM,REPRESENTED BY ITS BRANCH MANAGER BY ADV. SRI.C.K.KARUNAKARAN,SC,DHANALAKSHMI BANK SHRI.MATHEW VADAKKEL, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR, J. ------------------------- W.P.(C) No. 11204 of 2008 --------------------------------- Dated, this the 2nd day of April, 2008 J U D G M E N T Petitioner's case is that thereis no breach of terms of repayment with the Bank and so much so revenue recovery proceedings should not have been initiated. According to the petitioner, petitioner did not make payment only during the period when a moratorium was introduced by the Government. Learned counsel for the Bank submitted that instalment facility was granted by the RR authorities without the knowledge of the Bank. In any case, if there is settlement between the petitioner and the Bank for repayment, then the Bank is free to recall revenue recovery proceedings. This writ petition is, accordingly, disposed of directing the petitioner to approach the Bank with direction to respondents 1 & 2 to return the revenue recovery proceedings, if the Bank recalls the same. However, if petitioner is not able to reach any settlement with the Bank, recovery will be continued for the balance amount payable by the petitioner, which will be informed by the Bank. (C.N.RAMACHANDRAN NAIR, JUDGE) jg