IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 26TH MAY 2011 / 5TH JYAISHTA 1933 WP(C).No. 9462 of 2011(G) ------------------------- PETITIONER(S): --------------- SURESHKUMAR T, S/O.GOVINDAN NAIR V. N, VADAKKEKAD PO, THRISSUR DT, PIN 679 562. BY ADV. SRI.V.C.MADHAVANKUTTY RESPONDENT(S): --------------- 1. STATE BANK OF TRAVANCORE PUNNAYOORKULAM 679 561.REP BY ITS MANAGER. 2. DEPUTY TAHSILDAR REVENUE RECOVERY, CHAVAKKAD 680 506. ADV. SRI.T.SETHUMADHAVAN FOR R1 SRI.PUSHPARAJAN KODOTH FOR R1 SRI.K.JAYESH MOHANKUMAR FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J --------------------------------------- W.P(C) No.9462 of 2011-G ---------------------------------------- Dated this the 26th day of May, 2011. J U D G M E N T Challenge in this writ petition is against revenue recovery steps initiated pursuant to Ext.P1 notice. The amount sought to be recovered pertains to arrears due in a loan account, which was availed by the petitioner from the 1st respondent. Eventhough various contentions are raised, I find no legally tenable grounds for refuting the liability. 2. However, by virtue of an interim order issued on 25.3.2011, a conditional stay was granted directing the petitioner to remit a sum of Rs.25,000/-. It is reported that the amount has already been paid. 3. Learned counsel for the petitioner makes an appeal to this Court to show indulgence in permitting the petitioner to pay off the entire balance outstanding, in a phased manner, within a reasonable time. Eventhough interference on merits is not warranted, I am of the view that the limited relief can be granted. 4. Under the above mentioned circumstances, the writ petition is disposed of directing the respondents to keep in W.P(C) No.9462 of 2011-G 2 abeyance all further coercive steps of recovery initiated on the basis of Ext.P1 notice, subject to condition of the petitioner remitting the entire balance outstanding along with interest and expenses if any due, in 3 (three) equal monthly instalments, falling due on or before 15.6.2011 and on or before the 15th day of succeeding months. 5. It is made clear that, this judgment will not stand in the way of the petitioner in approaching the respondent Bank seeking settlement of the account by waiver of amounts to the possible extent. The respondent will be free to consider request if any made and to take appropriate decision in this regard. 6. It is made clear that, on the event of default in payment of any one of the instalments, the respondent will be free to proceed with further steps initiated on the basis of Ext.P1 notice. 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 the proceedings. C.K.ABDUL REHIM JUDGE ab