IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 16TH OCTOBER 2009 / 24TH ASWINA 1931 WP(C).No. 28760 of 2009(L) -------------------------- PETITIONER(S): --------------- K.V.RAJAN, KALLAMPARAMBIL HOUSE, KINAVALLUR P.O., PARLI, PALAKKAD. BY ADV. SRI.I.DINESH MENON RESPONDENT(S): --------------- 1. THE REVENUE SECRETARY, GOVERNMENT OF KERALA, REVENUE DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DEPUTY TAHSILDAR, REVENUE RECOVERY, PALAKKAD. 3. THE AUTHORISED OFFICER, DHANALAKSHMI BANK LIMITED, PARLI, PALAKKAD. ADV.SRI.C.K.KARUNAKARAN, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J. ------------------------------ W.P.(C).No.28760 OF 2009 ------------------------------ Dated this the 16th day of October, 2009 J U D G M E N T ---------------------- 1. Petitioner's son had availed an agricultural loan to the tune of Rs.50,000/- from the 3rd respondent Bank. Petitioner is a co-obligant to the loan transaction. According to the petitioner regular repayment could not be effected due to failure in agricultural operations. As a consequence, at the instance of the 3rd respondent Bank, revenue recovery steps were initiated by the 2nd respondent as evidenced by Exts.P3 and P4 notices, for realisation of a sum of Rs.65,901/-. According to the petitioner coercive steps are being pursued for recovery of the amount without considering Ext.P1 request made by the petitioner before the 1st respondent and Ext.P2 request made by before the 3rd respondent. In the said representations the petitioner made specific requests to re-schedule the loan account and to permit him to pay off the outstanding arrears in a phased manner. 2. Heard learned standing counsel appearing for the 3rd respondent Bank. It is submitted that the loan account stands in chronic default and neither the petitioner nor his son had cared to make any considerable repayments. It is further submitted W.P.(C).28760/09-L 2 that the petitioner is not entitled for any waiver of the amounts due under the loan account as claimed in the writ petition. Since the loan account is in perpetual default the Bank is not favouring re-scheduling payment or allowing any installment facility. 3. Having considered submissions on both sides and facts and circumstances of the case, I am of the opinion that some indulgence can be shown in permitting the petitioner to pay off the entire liability, in view of the fact that the amount pertains to an agricultural loan and in view of the alleged circumstances of continued illness of the petitioner. 4. Accordingly the writ petition is disposed of directing the petitioner to make payment of an amount of Rs.20,000/- (Rupees Twenty thousand only) on or before 15.11.2009. The respondents are directed to keep in abeyance coercive steps of recovery till then. On payment of the said amount the 3rd respondent Bank will consider waiver of interest/default interest if any to the possible extent, and will inform the petitioner about the total balance outstanding, after crediting all payments. The petitioner shall continue to pay the balance amount as intimated, in 4 (four) equal monthly installments starting from 15.12.2009 and on or before 15th day of the succeeding months. 5. It is made clear that on the event of default in payment of the amount as stipulated above, the respondents will W.P.(C).28760/09-L 3 be free to proceed with further steps pursuant to the notices already issued and on such event the petitioner will be precluded from raising any further challenge against proceedings before this court or before any other forum. C.K.ABDUL REHIM, JUDGE. okb