IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 5TH JULY 2011 / 14TH ASHADHA 1933 WP(C).No. 14078 of 2011(H) -------------------------- PETITIONER(S): --------------- KRISHNAN,S/O.RAMAN,AGED 62 YEARS, INCHAPUZHA HOUSE,MUTTUKAD,BISONVALLEY.P.O, IDUKKI DISTRICT. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENT(S): --------------- 1. DEPUTY TAHSILDAR(R.R),REVENUE RECOVERY OFFICE,NEDUMKANDAM TALUK,IDUKKI DISTRICT-685553. 2. VILLAGE OFFICER,CHINNAKANAL VILLAGE, DEVIKULAM TALUK,IDUKKI DISTRICT-685613. 3. THE BRANCH MANAGER,STATE BANK OF TRAVANCORE,DEVIKULAM BRANCH,IDUKKI DISTRICT-685613. ADV. SRI.SATHISH NINAN FOR R3 BY G.P.SRI.BIJOY CHANDRAN ADV.SRI.SANTHOSH MATHEW, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 14078 of 2011(H) PETITIONER'S EXTS: EXT.P1: COPY OF NOTICE ISSUED U/S.7 OF THE RR ACT TO THE PETITIONER. EXT.P2: COPY OF NOTICE ISSUED U/S.34 OF THE RR ACT TO THE PETITIONER RESPONDENTS EXTS: NIL /TRUE COPY/ P.A.TO JUDGE S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.14078 OF 2011 ---------------------------------------------- Dated this the 5th day of July, 2011 JUDGMENT The petitioner is aggrieved by revenue recovery proceedings initiated by respondents 1 and 2 on behalf of the 3rd respondent bank for recovery of loan amounts due from the petitioner to the 3rd respondent bank. The petitioner does not dispute the liability to pay or the quantum. The petitioner only seeks facility to pay the amounts in instalments. 2. This is opposed by the learned counsel for the bank. According to him, despite granting sufficient opportunity, the petitioner has not cared to pay the amounts due. 3. I have considered the rival contentions in detail. This Court passed the following interim order on 25.5.2011. “ Standing counsel for 3rd respondent is directed to get instructions and to file statement if so advised. There will be an interim stay against further recovery steps in the meanwhile, subject to condition of the petitioner remitting a sum of Rs.75,000/- (Rupees seventy five thousand only) on or before 25.6.2011”. W.P.(C)No.14078/11 2 The petitioner submits that the petitioner has paid an amount of Rs.60,000/- and has filed a petition for extension of time to pay the balance amount. 4. Having considered the facts and circumstances of the case, I dispose of this writ petition with the following directions: The petitioner shall pay the balance amount payable as per the interim order dated 25.5.2011 within two weeks from today. The balance amount due under the loan account shall be paid in six equal monthly instalments starting from 1.9.2011. If the petitioner pays the initial amount and instalments on due dates without default, further coercive proceedings shall be kept in abeyance. However, if the petitioner commits default in payment of either the initial amount or any of the subsequent instalments on due dates, it would be open to the respondents to continue proceedings as now initiated without having to issue any fresh notice or proceedings in that regard. S. SIRI JAGAN, JUDGE acd W.P.(C)No.14078/11 3 W.P.(C)No.14078/11 4