IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 WP(C).No. 26974 of 2011(V) ----------------------- PETITIONER : -------------------- MOHANAN T.N., AGED 50 YEARS, S/O. NANU, THANNIMALA HOUSE, PAMPADUMPARA P.O., PATHINIPARA KARA, IDUKKI DISTRICT, PIN - 685 556. BY ADV. SRI.S.DILEEP (KALLAR) RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001. 2. DEPUTY TAHSILDAR (REVENUE RECOVERY), TALUK OFFICE, NEDUMKANDOM, IDUKKI DISTRICT, PIN - 685 553. 3. VILLAGE OFFICER, PAMPADUMPARA VILLAGE, IDUKKI DISTRICT, PIN - 685 556. 4. KERALA STATE BACKWARD CASTES DEVELOPMENT CORPORATION, CHERUTHONI, IDUKKI DISTRICT, REP. BY ITS DISTRICT MANAGER, PIN - 685 552. R1 TO R3 BY GOVT. PLEADER SMT. SHOBA ANNAMMA EAPEN R4 BY ADV. SRI. C.E.UNNIKRISHNAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 26974 of 2011(V) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE DEMAND NOTICE NO. 2011/1837/6/500 DATED 30.6.2011 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P2 : COPY OF THE DEMAND PRIOR TO ATTACHMENT OF LAND, ISSUED BY THE 2ND RESPONDENT DATED 30.6.2011. EXT.P3 : COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT DATED 3.10.2011. RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE Mn S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.26974 OF 2011 ---------------------------------------------- Dated this the 13th day of October, 2011 JUDGMENT The petitioner challenges proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act initiated by the respondents for recovery of the loan amounts due from the petitioner to the respondents. The petitioner does not dispute the liability to pay or the quantum. The petitioner only seeks facility to pay off the amounts due in instalments. 2. This is opposed by the learned counsel for the KSBCDC. However, taking a lenient view, I dispose of this writ petition with the following directions: The respondents shall permit the petitioner to pay off the balance amount due in ten equal monthly instalments starting from 1.11.2011. Every subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioner pays the instalments on due dates without default, further proceedings under the Act shall be kept in abeyance. However, if W.P.(C)No.26974/11 2 the petitioner commits 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. In the meantime, the 4th respondent shall consider and pass orders on Ext.P3 representation filed by the petitioner. S. SIRI JAGAN, JUDGE acd W.P.(C)No.26974/11 3