IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 11TH DECEMBER 2009 / 20TH AGRAHAYANA 1931 WP(C).No. 35731 of 2009(J) -------------------------- PETITIONER(S): --------------- NARAYANAN, S/O.CHAMI, AGED 51 KUNDUPARAMBU HOUSE, THEKKETHARA, MELARKODE PO, PALAKKAD DISTRICT- 678 703. BY ADV. SRI.SANTHEEP ANKARATH SMT.BINDU GEORGE RESPONDENT(S): --------------- 1. THE MANAGER, DHANALAKSHMI Bank, KUNISSERY BRANCH, PALAKKAD. 2. THE TAHSILDAR (RR), TALUK OFFICE, ALATHUR, PALAKKAD. GOVERNMENT PLEADER SRI.BIJOY CHANDRAN ADV.SRI.VIVEK VARGHESE FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J. ------------------------------ W.P.(C).No.35731 OF 2009 ------------------------------ Dated this the 11th day of December, 2009 J U D G M E N T ---------------------- 1. Petitioner is aggrieved by steps initiated under the provisions of the Kerala Revenue Recovery Act as evidenced from Ext.P3 notice, initiated for realisation of arrears in the loan account availed from the 1st respondent Bank. Limited prayer of the petitioner is to permit him to regularise the account by paying the defaulted arrears. According to the petitioner such an opportunity was afforded by the 1st respondent Bank as evidenced from Ext.P1 notice. But since the petitioner could not avail the opportunity within the time stipulated therein, the Bank is now refusing such benefits. It is also submitted that after receipt of Ext.P1 the petitioner had effected some payments as evidenced from Ext.P2. 2. Learned standing counsel appearing for the 1st respondent on the basis of instructions submitted that the defaulted amount will come around Rs.68,000/-, which pertains to 18 monthly installments. If the petitioner makes payment of the said amount, the 1st respondent has no objection in regularising the account and permitting the petitioner to W.P.(C).35731/09-J 2 continue repayments as per the original schedule. 3. Under the above circumstances the writ petition is disposed of directing the petitioner to clear payment of the defaulted amounts along with interest and expenses if any liable in 3 (three) equal monthly installments falling due on or before 15.1.2010 and on or before the 15th day of the succeeding months. The petitioner shall also make payment of the regular installments due from January 2010 onwards, along with the above said payments. If the defaulted amounts are cleared payment as directed above, the 1st respondent shall permit payment of future installments as per the original schedule. 4. It is made clear that on the event of default in payment of any of the installments as stipulated above, the respondents will be at liberty to take further steps pursuant to the notice already issued and on such event the petitioner will be precluded from raising any further challenge against such proceedings either before this court or before any other forum. C.K.ABDUL REHIM, JUDGE. okb