IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 18TH AUGUST 2011 / 27TH SRAVANA 1933 WP(C).No. 22353 of 2011(T) -------------------------- PETITIONER(S): --------------- BOBBAN MATHEW,OTTAPLACKAL HOUSE, NEDUMANNI P.O, NEDUMKUNNAM, KOTTAYAM DISTRICT. BY ADV. SMT.E.V.MOLY RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY DEPUTY TAHSILDAR (RR) TALUK OFFICE, CHANGANASSERY 686 101. 2. DISTRICT INDUSTRIES CENTRE KOTTAYAM, REPRESENTED BY ITS GENERAL MANAGER 686 002. 3. KERALA STATE FINANCIAL CORPORATION KOTTAYAM,REPRESENTED BY ITS MANAGER 686 002. R1 & R2 BY GOVT. PLEADER SRI. C.K. GOVINDAN R3 BY ADV. SRI. A.A. ABDUL HASSAN, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 22353 of 2011(T) APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE CERTIFICATE OF REGISTRATION ISSUED BY DEPARTMENT OF COMMERCIAL TAXES DATED 5.1.10. P2. COPY OF THE NOTICE DATED 16.2.2011 ISSUED BY 2ND RESPONDENT. P3. COPY OF THE ATTACHMENT NOTICE ISSUED UNDER SEC. 7 OF RR ACT. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE shg/ S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.22353 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of August, 2011 J U D G M E N T The petitioner is one of the legal heirs of late John Mathew who had obtained a margin money loan from the 2nd respondent in respect of a loan sanctioned by the 3rd respondent to the said John Mathew. The said John Mathew cleared the loan amounts due to the 3rd respondent. But before he paid off the margin money loan sanctioned by the 2nd respondent, he died. Therefore, the respondents 1 & 2 initiated recovery proceedings for recovery of the margin money loan from the petitioner, who is one of the legal heirs of the said John Mathew. That is under challenge in this writ petition. The petitioner does not dispute the fact that, the legal heirs of John Mathew including the petitioner succeeded to properties belonging to John Mathew. That being so, the petitioner cannot now take the stand that he or any of the other legal heirs of W.P.(C)No.22353 of 2011 -2- John Mathew is not liable to repay the loan amounts. They are liable to the extent they succeeded to properties belonging to John Mathew. When this was pointed out to the learned counsel for the petitioner, the petitioner confines relief for facility to pay off the amounts in instalments. 2. I have heard the learned Government Pleader also. In the facts and circumstances of the case, I dispose of this writ petition with a direction to the respondents 1 & 2 to permit the petitioner to pay off the amounts due in 15 (fifteen) equal monthly instalments, starting from 01.10.2011. Every subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioner pays the instalments on due dates without default, further proceedings pursuant to Exts.P2 & P3 shall be kept in abeyance. However, if the petitioner commits default in payment of any one of the instalments, it would be open to the respondents 1 & 2 to continue proceedings W.P.(C)No.22353 of 2011 -3- as now initiated without having to issue any fresh notice or proceedings in that regard. I also make it clear that, insofar as other legal heirs are also liable to the extent of properties inherited by them from John Mathew, it would be open to the petitioner to recover proportionate amounts out of the amounts paid by him pursuant to the above directions, from other legal heirs. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/