IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 5TH APRIL 2010 / 15TH CHAITHRA 1932 WP(C).No. 10236 of 2010(D) ---------------------------------------- PETITIONER(S): ------------------------ JOSE MICHAEL, S/O.MICHAEL, KALLIVAYALIL (H), ROSE GARDENS, CHELAD ROAD, KOTHAMANGALAM, ERNAKULAM (DIST). BY ADV. SRI.GEORGE KURUVILLA(ALAPPUZHA) RESPONDENT(S): -------------------------- 1. CATHOLIC SYRIAN BANK, KOTHAMANGALAM BRANCH, KOTHAMANGALAM, REPRESENTED BY ITS MANAGER. 2. THE TAHSILDAR, KOTHAMANGALAM TALUK, KOTHAMANGALAM R2 BY GOVT. PLEADER MR.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No.10236 of 2010-D ---------------------------- Dated this the 5th day of April, 2010. J U D G M E N T The petitioner is challenging the coercive proceedings taken at the instance of the first respondent Bank under the Kerala Revenue Recovery Act, contending that the petitioner is very much entitled to have 'total waiver' of the outstanding amount under the loan transaction. 2. The learned counsel for the Bank submits on instructions and also with reference to the materials on record that, vide Ext.P1 communication dated 12.11.2009 issued by the Reserve Bank of India, the petitioner has been let known that the loan account of the petitioner will not come within the purview of the Scheme mentioned therein. Obviously, Ext.P1issued by the Reserve Bank of India is not under challenge and the Reserve Bank of India is not made a party to the present proceedings. 3. The learned counsel for the petitioner submits that the petitioner does not want to press the contentions raised in the Writ W.P(C) No.10236 of 2010-D 2 Petition and that the only prayer pressed before this Court to permit the petitioner to clear the entire liability by way of reasonable instalments, highlighting the plight of the petitioner and the frustrating pecuniary circumstances. 4. After hearing both the sides, this Court finds it fit and proper to permit the petitioner to clear the liability in a phased manner. 5. Accordingly, the petitioner is permitted to clear the entire outstanding liability by way of ‘three’ equal monthly instalments; the first of which shall be effected on or before the 30th of this month; to be followed by similar instalments to be effected on or before the 30th of the succeeding months. Subject to this, all further coercive proceedings pursuant to Ext.P3(a) and P3(b) shall be kept in abeyance. It is made clear that, if any default is committed by the petitioner in satisfying the due amount as above, it will open to the Bank, to proceed with appropriate steps for realisation of the entire amount in a lump sum. The Writ Petition is disposed of. P.R.RAMACHANDRA MENON JUDGE ab