IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 31ST OCTOBER 2011 / 9TH KARTHIKA 1933 WP(C).No. 28633 of 2011(D) --------------------------------------- PETITIONERS: --------------------- 1. ABDUL RASHEED K.I, S/O.ISMAIL K.A,, KIZHEKKEVALAPPIL HOUSE,WEST OF ARAKKULAM, KODUNGALLUR, THRISSUR. 2. VASU,S/O.KUNJANDI,THEVALLIL HOUSE, METHALA, KODUNGALLUR, THRISSUR. BY ADV. SRI.K.RAJESH (AROOR). RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY,DEPARTMENT OF REVENUE, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM, PIN - 695 001. 2. DY.THAHSILDAR, TALUK OFFICE, KODUNGALLUR, THRISSUR, PIN - 680 664. 3. DISTRICT COLLECTOR THRISSUR DISTRICT - 680 001. 4. SYNDICATE BANK, KODUNGALLUR, THRISSUR, PIN - 680 664. R1 TO R3 BY GOVT. PLEADER SRI. S. JAMAL. R4 BY SRI. R.S. KALKURA, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.28633/2011-D: APPENDIX PETITIONER'S EXHIBITS:- EXT.P.1: COPY OF THE DEMAND NOTICES UNDER SECTION 7 AND SECTION 34 RESPECTIVELY OF THE KERALA REVENUE RECOVERY ACT, 1968. EXT.P.2: COPY OF THE PETITION FILED BEFORE THE DISTRICT COLLECTOR, THRISSUR. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.28633 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of October, 2011 J U D G M E N T The petitioners are defaulters in repayment of loan amounts due from them to the 4th respondent. The Bank initiated proceedings under the Revenue Recovery Act through 2nd & 3rd respondents for recovery of the loan amount. The petitioners do not dispute the liability to pay or the quantum. The petitioners only seek facility to pay off the amount in instalments. 2. This is opposed by the learned counsel for the Bank. 3. Having heard both sides, I am of opinion that the respondents can show some more leniency to the petitioners in the matter of payment of the balance amount due in instalments. Accordingly, this writ petition is disposed of with a direction to the respondents to permit the petitioners to pay off the balance amount due in 10 (ten) W.P.(C)No.28633 of 2011 -2- equal monthly instalments starting from 01.12.2011. Every subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioners pay the instalments on due dates without default, further proceedings under the Act shall be kept in abeyance. However, if the petitioners commit default in payment of any one of the instalments, 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. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/