IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 23RD NOVEMBER 2010 / 2ND AGRAHAYANA 1932 WP(C).No. 31470 of 2010(G) -------------------------- PETITIONER: ------------------ K.SHAJI,AGED 48, S/O.KARUNAKARAN, KOLLAMPARAMBIL,VARANAM, THANNEERMUKKOM NORTH VILLAGE, CHERTHALA. BY ADV. SRI.K.C.SUDHEER RESPONDENT(S): --------------- 1. THE DHANALAKSHMI BANK LTD., BRANCH AT CHERTHALA REP.BY THE BRANCH MANAGER, CHERTHALA 688 524. 2. STATE OF KERALA, REP.BY CHIEF SECRETARY TO GOVERNMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM 695 001. 3. TAHSILDAR, REVENUE RECOVERY, TALUK OFFICE, CHERTHALA 688 524. R1 BY STANDING COUNSEL SRI.C.K.KARUNAKARAN R2 & 3 BY GOVERNMENT PLEADER SRI.BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK C.K.ABDUL REHIM, J --------------------------------------- W.P(C) No.31470 of 2010-G ---------------------------------------- Dated this the 23rd day of November, 2010. J U D G M E N T Challenge in this writ petition is against the revenue recovery steps initiated pursuant to Ext.P6 notice, for realising amounts due to the 1st respondent under a loan transaction, to which the petitioner is a co-obligant. Specific contention of the petitioner is that by virtue of a settlement agreed upon, the petitioner had remitted a sum of Rs.1,50,000/- on 29.9.2010 as per Ext.P5 receipt and therefore the recovery steps now initiated, invoking to provisions of the Kerala Revenue Recovery Act, is unsustainable. 2. When the writ petition was moved before this Court on 14.10.2010, an interim stay was granted against further steps of recovery subject to condition of the petitioner remitting a sum of Rs.1,00,000/- within three weeks thereof. 3. Today when the matter was taken up for further consideration the learned counsel appearing for the petitioner as well as the counsel appearing for the 1st respondent conceded that subsequent to filing of the writ petition a settlement was W.P(C) No.31470 of 2010-G 2 arrived between the parties and the 1st respondent Bank had agreed to settle the entire amount due under the loan transaction, for a sum of Rs.5,00,000/-. It is further mentioned that pursuant to the settlement the petitioner had remitted a sum of Rs.1,50,000/- and the balance due is Rs.3,50,000/- only. The 1st respondent had directed the petitioner to pay off the said amount in three monthly instalments. In view of the above settlement, both the parties submits that, the issue involved in this writ petition no more survives for consideration. 4. Accordingly, the writ petition is disposed of making it clear that the parties will be at liberty to work out their remedies in accordance with the settlement arrived. The recovery steps initiated by the 2nd respondent pursuant to Ext.P6 notice is hereby quashed. C.K.ABDUL REHIM JUDGE ab