IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 5TH APRIL 2011 / 15TH CHAITHRA 1933 WP(C).No. 10639 of 2011(D) ---------------------------------------- PETITIONER(S): ----------------------- SUPRABHATH. K, KIZHAKKE PURAKKAL HOUSE, KORANGODE, ERANGHIMANGAD P.O, NILAMBUR TALUK. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): -------------------------- 1. THE DISTRICT MANAGER KERALA STATE BACKWARD CLASSES DEVELOPMENT CORPORATION LTD, MALAPPURAM PIN 676 505. 2. THE DISTRICT COLLECTOR, MALAPPURAM. PIN 676 505. 3. THE TAHSILDAR, NILAMBUR 679 329. R1 BY ADV. SRI.C.E.UNNIKRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.10639 of 2011 ------------------------------------------- Dated this the 5th day of April, 2011 J U D G M E N T ---------------------- Challenge in this writ petition is against revenue recovery steps initiated pursuant to Ext.P2 and P3 notices. The amount sought to be recovered pertains to arrears in a loan which was availed from the 1st respondent Corporation. It is contended that the loan in question was availed for educational purposes. But, even after completing study, the petitioner did not get any job and he was not in a position to repay the loan amount. Pursuant to revenue recovery steps initiated, the property, which was mortgaged for securing the loan is now proceeded against and hence this writ petition. 2. Eventhough various contentions were raised, I do not find any legally tenable ground to challenge the recovery steps initiated, nor I find any ground to hold that the petitioner is not liable for payment of the amounts sought to be recovered. 3. Heard; standing counsel for the 1st respondent. It is pointed out that the loan in question was availed in the year 2000 and the petitioner had not cared to repay any amount. Referring to Ext.P2 and P3 it is stated that an amount of Rs.1,14,708/- is due as on 20.4.2008. Hence it is contended W.P.(C).10639/11 -2- that there is no valid reason to restrain the recovery steps. 4. Confronted with the above situation, learned counsel appearing for the petitioner sought indulgence of this court in permitting payment of the entire amount in a phased manner, within a reasonable time. Such request is made on the basis that the petitioner is not in a position to pay off the liability in a lump sum and that coercive steps if any initiated will put him to severe prejudice. 5. Eventhough interference on merits is not warranted, I am of the view that the petitioner can be permitted to pay off the entire liability in instalments within a reasonable time. 6. Therefore the writ petition is disposed of directing the respondents to keep in abeyance all further coercive steps of recovery initiated pursuant to Ext.P2 and Ext.P3, provided the petitioner remits the entire amounts due, along with interest if any due, in 5 (five) equal monthly instalments falling due on or before 30.4.2011 and on or before the last day of the succeeding months. 7. If payments of defaulted amounts are regularised as directed above, then the respondents shall permit the petitioner to continue payment of future monthly instalments in accordance with the original schedule of repayment. 8. It is made clear that on the event of default in W.P.(C).10639/11 -3- payment of any one of the instalments, the respondents will be at liberty to proceed with further steps and on such event the petitioner will be precluded from raising any subsequent challenge against such proceedings. C.K.ABDUL REHIM, JUDGE. okb