IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR MONDAY, THE 28TH JULY 2008 / 6TH SRAVANA 1930 WP(C).No. 10621 of 2005(M) -------------------------- PETITIONER: ------------ 1. KRISHNANKUTTY, S/O.NARAYANAN, AGED 27 YEARS, CHERUMGOTTIL HOUSE, P.O.PULLISSERY, MANNARKKAD, PALAKKAD DISTRICT. 2. C.NARAYANAN, S/O.CHAMI, CHERUMGOTTIL HOUSE, PULLISSERY P.O., MANNARKKAD, PALAKKAD DISTRICT. BY ADV. SRI.C.K.RAMAKRISHNAN RESPONDENTS: ------------- 1. SOUTH INDIAN BANK, MANNARKKAD BRANCH, P.O. MANNARKKAD, PALAKKAD DISTRICT. 2. DISTRICT COLLECTOR, CIVIL STATION, PALAKKAD. 3. VILLAGE OFFICER, MANNARKKAD NO.I VILLAGE, P.O. MANNARKKAD, PALAKKAD DISTRICT. BY ADV. SRI.K.PRABHAKARAN, SC,SOUTH INDIAN BANK FOR R1 GOVERNMENT PLEADER FOR R2 & 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.10621/2005 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF REGISTERED NOTICE DATED 29/05/2001 OF THE BANK. P2 : COPY OF RR NOTICE DATED 22/02/2003. P3 : COPY OF PETITION DATED 16/03/2005 TO COLLECTOR. P4(a) : COPY OF RECEIPT ISSUED BY R3 DATED 12/01/2005. P4(b) : COPY OF RECEIPT ISSUED BY R3 DATED 26/09/2003. P5(a) : COPY OF RATION CARD. P5(b) : COPY OF TAX RECEIPT DATED 16/09/2004. P6 : COPY OF LAST MEMO DATED 12/03/2005 OF VILLAGE OFFICER, R3. RESPONDENT'S EXHIBITS R3A : COPY OF FORM 24. //TRUE COPY// PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR, J. ------------------------- W.P.(C) No.10621 of 2005 --------------------------------- Dated, this the 28th day of July, 2008 J U D G M E N T The challenge is against recovery proceedings for recovery of arrears due to 1st respondent Bank. Learned counsel for petitioners submitted that substantial amounts have been paid and petitioners' request for OTS benefit is still pending with the Bank. The writ petition is, accordingly, disposed of directing 1st respondent to grant OTS benefits and reasonable time to settle liability, if petitioners approach the respondent Bank. If arrears are not cleared within the time granted by the respondent Bank, respondents 2 & 3 will continue RR proceedings. (C.N.RAMACHANDRAN NAIR, JUDGE) jg