IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 11TH MARCH 2011 / 20TH PHALGUNA 1932 WP(C).No. 7717 of 2011(L) ------------------------- PETITIONER(S): --------------- O.K.NANDAKUMAR, SUDARASANA HOUSE, PAYAPPARA P.O., PALA, KOTTAYAM. BY ADV. SRI.V.G.ARUN SRI.PRASAD CHANDRAN RESPONDENT(S): --------------- 1. THE BRANCH MANAGER, BANK OF INDIA, MOOVATTUPUZHA BRANCH, ERNAKULAM, PIN-686661. 2. THE DEPUTY TAHSILDAR (RR), MENACHIL, PALA, POONJAR THEKKEKARA, KOTTAYAM, PIN-686581. 3. THE VILLAGE OFFICER, LALAM VILLAGE, POONJAR THEKKEKARA, KOTTAYAM, PIN-686581. BY GOVT. PLEADER SRI .C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.7717 OF 2011(L) -------------------------------------------------- Dated this the 11th day of March, 2011 J U D G M E N T Heard the counsel for the petitioner and the standing counsel appearing for the first respondent. 2. Petitioner had availed of a loan from the first respondent Bank. Default was committed. That lead the Bank to initiate revenue recovery proceedings for realization of its dues. Exts.P1 and P2 are the notices issued. It is at this stage the writ petition has been filed. 3. Although the petitioner challenges the liability as quantified by the Bank, I do not think that such an adjudication is permissible in a proceedings under Article 226 of the Constitution of India. At this stage the counsel for the petitioner requested that the petitioner be permitted to discharge the liablility to the bank in easy instalments. On that issue I heard the standing counsel for the Bank. Having regard to the willingness expressed by the petitioner to discharge the liability, the writ petition is disposed of directing that the petitioner will be permitted to discharge the liability due WPC.No.7717/2011 :2 : to the Bank in six equal monthly instalments, the first instalment shall be paid on or before 31.3.2011 and the subsequent instalments will be paid on or before the end of every succeeding month. Subject to payment as above, further proceedings pursuant to Exts.P1 an P2 will stand stayed . It is clarified that in case the petitioner committed default, the Bank will be free to initiate recovery proceedings. (ANTONY DOMINIC) JUDGE vi/