IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 9TH NOVEMBER 2010 / 18TH KARTHIKA 1932 WP(C).No. 33319 of 2010(L) --------------------------------- PETITIONER(S): ------------------- DEVENDRAN,S/O.DANUSHKODI, HOUSE NO.181/3, MUTTUKADU, BISON VALLEY PO, IDUKKI DISTRICT. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENT(S): -------------------- 1. DEPUTY TAHASILDAR(RR),REVENUE RECOVERY OFFICE, NEDUMKANDOM - 685 553. 2. VILLAGE OFFICER, VILLAGE OFFICE, RAJAKUMARI, IDUKKI DISTRICT - 685 619. 3. STATE BANK OF TRAVANCORE,REP.BY BRANCH MANAGER, DEVIKULAM BRANCHM,IDUKKI DISTRICT - 685 613. R3 BY ADV. SRI.SATHISH NINAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs C.K. ABDUL REHIM,J. ------------------------------------- W.P.(C)No. 33319 OF 2010 -------------------------------------- DATED THIS THE 9th DAY OF DECEMBER 2010 J U D G M E N T Challenge in this writ petition is against revenue recovery proceedings initiated pursuant to Ext.P4 notices were issued under Section 7 and 34 of the Kerala Revenue Recovery Act. The amounts sought to be recovered pertains to arrears in a bank loan account availed by the petitioner from the 3rd respondent Bank. According to the petitioner, consequent to default committed in repayment, the Bank had issued Ext.P1 demand and on receipt of such demand the petitioner had approached the 3rd respondent seeking settlement with respect to repayment of arrears. It is stated that through Ext.P2 letter issued by the 3rd respondent, the petitioner was permitted to pay off the entire liability on the basis of a compromise settlement for an amount of Rs.75,000/-. It is evident from Ext.P2 that the said amount was permitted to be paid at Rs.10,000/- on or before 16-08- 2010 and balance amount Rs.65,000/- on or before 28-02- WP (C) No.33319/2010 -2- 2011. it is mentioned that in compliance of Ext.P2 letter the petitioner had remitted a sum of Rs.10,000/- as evidenced from Ext.P3 receipt. Grievance of the petitioner is that despite the compromise arrived and payments made with respect to amounts covered under Ext.P3, now recovery steps has been threatened on issuing Ext.P4 notices. 2. Standing counsel appearing for the 3rd respondent, on the basis of instructions, conceded that there was a settlement arrived as per Ext.P2 and that the petitioner had remitted a sum of Rs.10,000/- in compliance with the conditions stipulated therein. It is further submitted that the revenue recovery steps were initiated on the basis of a requisition made prior to arriving such settlement. 3. Under the above circumstances, I am of the view that the petitioner need be abide only by the condition stipulated in Ext.P2. If the petitioner makes payment of the balance amount of Rs.65,000/- within the time stipulated in Ext.P2, the revenue recovery steps now initiated shall be kept in abeyance. WP (C) No.33319/2010 -3- 4. In the result, the writ petition is disposed of directing the respondents 1 and 2 to keep in abeyance all further recovery steps initiated pursuant to Ext.P4 notice, provided the petitioner remits the balance amount of Rs.65,000/- as stipulated in Ext.P2 letter on or before 28-02- 2011. 5. Needless to say that the respondents will be free to proceed with further steps if there is any failure on the part of the petitioner to comply with the conditions. (Sd/-) C.K. ABDUL REHIM JUDGE dnc TRUE COPY P.A. to Judge