IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 21ST JUNE 2010 / 31ST JYAISTHA 1932 WP(C).No. 2250 of 2010(E) ------------------------- PETITIONERS: --------------- 1. R.MADHU, S/O.RAGHAVAN PILLAI (LATE) AGED 42 YEARS, KARINGODATHU HOUSE, THONNALLOOR PO PANDALAM, PATHANAMTHITTA DISTRICT. 2. RAMANIYAMMA, W/O.RAGHAVAN PILLAI (LATE) AGED 72 YEARS,KARINGODATHU HOUSE, THONNALLOOR PO PANDALAM, PATHANAMTHITTA DISTRICT. BY ADV. SRI.SAKIR.K.H. RESPONDENTS: --------------- 1. THE SYNDICATE BANK, PANDALAM BRANCH PATHANAMTHITTA DISTRICT,REPRESENTED BY ITS BRANCH MANAGER. 2. THE VILLAGE OFFICER, KURAMBALA VILLAGE ADOOR TALUK, PATHANAMTHITTA DISTRICT. 3. THE TAHSILDAR, ADOOR,PATHANAMTHITTA DISTRICT. 4. THE STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT TRIVANDRUM. GOVERNMENT PLEADER SRI. MATHEW GEORGE VAKAKKEL R1 BY ADV. SRI.C.B.SREEKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 WP(C).No. 2250 of 2010 EXHIBITS ------------ PETITIONER'S EXHIBITS ------------------------------ P1:- TRUE COPY OF THE RECEIPTS ISSUED BY THE 1ST RESPONDENT TO THE 1ST PETITIONER SHOWING THE PAYMENTS MADE BY HIM. P2:- TRUE COPY OF THE REVENUE RECOVERY NOTICES ISSIED BY THE 3RD RESPONDENT TO THE 1ST PETITIONER. P3:- TRUE COPY OF THE REVENUE RECOVERY NOTICES ISSUED BY THE 3RD RESPONDENT TO THE 2ND PETITIONER. //TRUE COPY// PA TO JUDGE. P.R. RAMACHANDRA MENON, J. .......................................... WP (C) No. 2250 of 2010 .......................................... Dated this the 21ST day of June, 2010 J U D G M E N T --------------------------- The challenge raised by the petitioner in this writ petition is against the coercive steps taken by the respondent Bank seeking to realize the amount due from the petitioner under a loan transaction. The coercive steps were intercepted by the Court on condition that the petitioner deposited a sum of Rs.10,000/- on or before the 30th January, 2010, which is stated as already complied with. 2. The learned counsel appearing for the Bank submits on instruction that, the outstanding liability as on 31.01.2010 is Rs.63,689/- so as to wipe out the entire liability and to have the loan amount closed. The learned counsel for the petitioner, however, disputes the 2 WP (C) No. 2250 of 2010 correctness of the above figures referring to the payments made already as borne by Exhibit P1 and seeks for a proper statement of accounts so as to enable the petitioner to clear the liability. 3. Considering the facts and circumstance, the first respondent is directed to provide a proper statement of account, showing the remittances made by the petitioner and the amounts due, within one week from the date of receipt of a copy this judgment. On receipt of the statement as above, the outstanding liability shall be cleared by the petitioner by way of 'eight' equal monthly installments, the first of which shall be effected within two weeks from the date of receipt of the statement; to be followed by similar installments to be effected on or before the 15th of the succeeding months. It is made clear that, if any default is committed by the petitioner in 3 WP (C) No. 2250 of 2010 satisfying the liability as above, the respondent will be at liberty to proceed with further steps for realization of the entire amount in a lump sum. The Writ Petition is disposed of, as above. P.R. RAMACHANDRA MENON, JUDGE. rkc