IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 1ST AUGUST 2011 / 10TH SRAVANA 1933 WP(C).No. 12274 of 2011(H) -------------------------- PETITIONER(S) :- ------------------------- 1. AYYASSAMY, S/O.MUTHAYA GOWDER, DAM ROAD, WALAYAR P.O., PALAKKAD-678621. 2. KULANDAIRAJ, S/O.AMBORSE, CHANDRAPURAM, WALAYAR, PALAKKAD-678621. 3. SELVAN, S/O.KANDASWAMY, CHANDRAPURAM, WALAYAR P.O., PALAKKAD-678621. 4. RAMESH, S/O.SUBBAYYA GOWNDER, DAM ROAD, WALAYAR, PALAKKAD-678621. 5. ARUCHAMY K., S/O.KAREYA GOWNDER, ATTUPATHY, VATTAPPARA, WALAYAR, PALAKKAD-678621. 6. CHELLAMUTHU, S/O.MAYIL SWAMY, PAMPUPARA, WALAYAR, PALAKKAD-678621. 7. SUMATHY R., W/O.RATHNASWAMY, CHANDRAPURAM, WALAYAR, PALAKKAD-678621. 8. KALIMUTHU, S/O.VELLINGIRI GOWNDER, PAMPUPARA, KALAM, WALAYAR P.O., PALAKKAD-678621. 9. SANTHAPPAN, S/O.SOWRIAR, CHANDRAPURAM, WALAYAR P.O., PALAKKAD-678621. 10. KANNIAMMAL, W/O.RAMASWAMY, DAM ROAD, WALAYAR, PALAKKAD-678621. 11. RATNASWAMY, S/O.MURUGAYYA GOUNDER, CHANDRAPURAM, WALAYAR, PALAKKAD-678621. BY ADV. SRI.T.V.GEORGE SRI.JIMMY GEORGE (THADATHIL) WP(C).No. 12274 of 2011 RESPONDENT(S) :- -------------------------- 1. UNION OF INDIA, REP. BY THE SECRETARY TO THE AGRICULTURAL DEPARTMENT, NEW DELHI – 110 001. 2. CANARA BANK, REP. BY ITS BRANCH MANAGER, PUTHUSSERY BRANCH, PALAKKAD-678621. 3. THE TAHSILDAR, REVENUE RECOVERY, PALAKKAD-678621. 4. WALAYAR CO-OPERATIVE MILK SOCIETY, WALAYAR, REP. BY ITS SECRETARY, PIN – 678621. 5. THE DISTRICT COLLECTOR, PALAKKAD-678621. ADV. SRI.P.PARAMESWARAN NAIR, ASG OF INDIA FOR R1 SRI.GEORGE POONTHOTTAM FOR R4 DR.PAULY MATHEW MURICKEN FOR R2 GOVERNMENT PLEADER MR.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt WP(C).No.12274 OF 2011 APPENDIX Petitioner's Exhibits :- Ext.P1 :- Copy of statement received from the 2nd respondent-Bank to the 1st petitioner. Ext.P1(a) :- Copy of notice received from the 2nd respondent-Bank by the 2nd petitioner. Ext.P1(b) :- Copy of notice received from the 2nd respondent-Bank by the 5th petitioner. Ext.P1(c) :- Copy of notice received from the 2nd respondent-Bank by the 4th petitioner. Ext.P1(d) :- Copy of notice received from the 2nd respondent-Bank by the 5th petitioner. Ext.P1(e) :- Copy of notice received from the 2nd respondent-Bank by the 6th petitioner. Ext.P1(f) :- Copy of notice received from the 2nd respondent-Bank by the 7th petitioner. Ext.P1(g) :- Copy of notice received from the 2nd respondent-Bank by the 9th petitioner. Ext.P1(h) :- Copy of notice received from the 2nd respondent-Bank by the 10th petitioner. Ext.P1(i) :- Copy of notice received from the 2nd respondent-Bank by the 11th petitioner. Ext.P2 :- Copy of R.R. Notice received by the 1st petitioner u/s.7 and 34 of R.R Act. Ext.P2(a) :- Copy of R.R. Notice received by the 5th petitioner u/s.7 and 34 of R.R Act. Ext.P2(b) :- Copy of R.R. Notice received by the 8th petitioner u/s.7 and 34 of R.R Act. WP(C).No.12274 OF 2011 Respondent's Exhibits :- Ext.R4(a) :- Copy of the list of books recovered from the Society and the receipt given by the Vigilance police. Ext.R4(b) :- Copy of the reply dated 7-7-11. Ext.R4(c) :- Copy of the chart showing the value of the milk as well as the volume of milk supplied by the petitioners. Ext.R4(d) :- Copy of the chart showing the details of the loan amount. //True Copy// P.A. to Judge S.SIRI JAGAN, J. ------------------------------------- WP(C) No.12274 of 2011 -------------------------------------- Dated this the 1st day of August, 2011 JUDGMENT Petitioners are borrowers of loan amount from the second respondent bank. They are also members of the fourth respondent Milk Co-operative Society. They used to measure milk to the fourth respondent Society. As per the agreement between the petitioners and the fourth respondent, the half of the price of the milk measured by the petitioners was paid to the second respondent in the loan account. The petitioners' grievance is that the fourth respondent did not properly remit the price of the milk deducted from the petitioners to the second respondent in their loan accounts. The second respondent initiated proceedings for recovery through the revenue authorities. That is under challenge in this writ petition. 2. When it was pointed out by the petitioners that the second respondent is not in any way connected with the arrangements between the petitioners and the fourth respondent and therefore they cannot be faulted in the matter, the petitioners seek facility to pay off the balance amount due WP(C) No.12274 of 2011 : 2 : in instalments. This is opposed by the learned counsel for the second respondent. After hearing the parties, I dispose of this writ petition with the following directions:- The second respondent shall permit the petitioners to pay off the balance amounts due from them in twelve equal monthly instalments starting from 01.09.2011. Subsequent instalments shall be paid on the first working day of every succeeding month. If the petitioners pay the instalments on the due dates, without default, coercive proceedings for recovery shall be kept in abeyance. However, if the petitioners commit default in payment of any one of the instalments it would be open to the the second respondent and the revenue authorities to continue proceedings as now initiated without having to issue any fresh notice or proceedings in that regard. This is without prejudice to the petitioners to proceed against the fourth respondent, if they have any complaint against the fourth respondent regarding the payment of price of milk measured by the petitioners. S.SIRI JAGAN JUDGE dmb