IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 24TH AUGUST 2009 / 2ND BHADRA 1931 WP(C).No. 23837 of 2009(Y) -------------------------- PETITIONER(S): --------------- SHAMEER.V., AGED 25 YEARS, S/O.MOHAMMED, VADAKKEKARA HOUSE, KALLKKADAVU CHUNGATHARA P.O., MALAPPURAM DISTRICT. BY ADV. SRI.P.SAMSUDIN RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE DEPUTY TAHSILDAR, REVENUE RECOVERY, NILAMBUR. 3. STATE BANK OF INDIA REPRESENTED BY ITS MANAGER, BRANCH OFFICE, MANIMOOLI, VAZHIKKADAVU, NILAMBUR TALUK. STANDING COUNSEL SRI.P.V.SURENDRANATH GOVERNMENT PLEADER SRI.P.K.BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J. ----------------------------------------------- WP(C) NO. 23837 OF 2009 ----------------------------------- Dated this the 24th day of August, 2009 J U D G M E N T The petitioner had availed a loan of Rs.1,30,000/- from the respondent Bank in the year 2004, agreeing to repay the same in the manner as specified under the particular Scheme, i.e., PMRY Scheme. It appears that, the petitioner turned to be a defaulter, under which circumstance, the Bank proceeded with coercive steps invoking the provisions under the Kerala Revenue Recovery Act, which is sought to be intercepted in the present Writ Petition. 2. Learned counsel appearing for the Bank submits, on instructions that, after availing the loan in the year 2004, absolutely no payment was effected by the petitioner, but for the remittance of a sum of Rs.20,000/- that too, only after taking the coercive steps. It is also brought to the notice of this Court that, as on 28.02.2009, a sum of Rs.1,83,196/- plus further interest and cost is due from the petitioner. 3. Learned counsel for the petitioner submits that, the petitioner is only a ‘general worker’ and that the petitioner is ready to pay the liability by way of instalments. After considering the facts and circumstances, the WPC NO.23837/2009 2 petitioner is permitted to wipe off the entire liability by way of ‘six’ equal monthly instalments; the first of which shall be paid on or before the 25th of September, 2009, to be followed by the remaining instalments to be effected on or before the 25th of the succeeding months. Subject to the above, all further proceedings to recover the due amount pursuant to Ext.P1 and P2 shall be kept in abeyance for the time being. It is made clear that, if any default is committed by the petitioner in meeting the requirements as above, the respondents will be free to proceed with further steps for realisation of the entire amount in a lump sum, by pursuing such steps from the stage where it stands now. The Writ Petition is disposed of accordingly. P.R.RAMACHANDRA MENON JUDGE dnc