IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 19TH AUGUST 2009 / 28TH SRAVANA 1931 WP(C).No. 11186 of 2005(F) -------------------------- PETITIONER(S): --------------- P.VIJAYALAKSHMY, W/O.SASIDHARAN, TEMPLE VIEW, PALLIKURUPPU, KARAKKURISSI, PALAKKAD DISTRICT. BY ADV. SRI.G.PRABHAKARAN RESPONDENT(S): --------------- 1. THE CANARA BANK, MANNARKKAD 2. TAHSILDAR (REVENUE RECOVERY), MANNARKAD TALUK, PALAKKAD. 3. THE DISTRICT COLLECTOR, PALAKKAD. 4. GOVERNMENT OF KERALA REPRESENTED BY ITS SECRETARY TO REVENUE DEPARTMENT. ADV. SRI.K.V.SOHAN FOR R1 R2 TO R4 BY GOVT. PLEADER SRI MATHEW VADAKEL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXTS: EXT.P1: TRUE COPY OF THE REVENUE RECOVERY PROCEEDINGS DATED 12.3.2003. EXT.P2: TRUE COPY OF THE FORM 10 DATED 12.3.2003. EXTP3: THE TRUE COPY OF THE GRANT DATED 11.4.2003 FROM THE REVENUE DEPARTMENT FOR INSTALMENT FACILITY. EXT.P4: TRUE COPY OF THE RECEIPT NO.3467079 DATED 30.5.2003. EXT.P5: TRUE COPY OF THE RECEIPT NO.3472244 DATED 30.6.2003. EXT.P6: TRUE COPY OF THE RECEIPT NO.3991511 DATED 31.7.2003. EXT.P7: TRUE COPY OF THE RECEIPT NO.3995018 DATED 30.8.2003. EXT.P8: TRUE COPY OF THE RECEIPT NO.3999875 DATED 29.9.2003. EXT.P9: TRUE COPY OF THE REQUEST MADE BY THE PETITIONER DATED 24.1.2005. EXT.P10: TRUE COPY OF THE GOVERNMENT'S ADVICE DATED 31.1.2005 GRANTING INSTALMET FACILITY. C.N. RAMACHANDRAN NAIR, J. ---------------------------------------- WPC. No.11186 OF 2005 ---------------------------------------- Dated, the 19th day of August, 2009 JUDGMENT The writ petition is filed challenging the recovery proceedings of arrears of loan availed of by the petitioner from the Ist respondent bank. When the matter came up for admission, this Court passed an interim order on 4.4.2005 directing the petitioner to clear the arrears in monthly instalments at the rate of Rs.2000/- each. If the petitioner had complied with the interim order, the liability would have been settled long back. It is not known as to whether the liability was settled or pursuant to default, recovery proceedings was continued against the petitioner. In any case, since the matter is pending for long, I feel, the bank should waive payment of penal interest, provided, the petitioner pays the balance amount with agreed rate of interest within one month from the date of receipt of a copy of this judgment. If any liability remains unsettled WPC No.11186/05 -:2:- as above, then the respondent can proceed with the recovery proceedings. The writ petition is disposed of accordingly. C.N.RAMACHANDRAN NAIR JUDGE kvm/- WPC No.11186/05 -:3:- V.K.MOHANAN, J. O.P.No. JUDGMENT Dated:..