IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 1ST DECEMBER 2008 / 10TH AGRAHAYANA 1930 WP(C).No. 35198 of 2008(M) --------------------------------------- CMP.1832/2008 of C.J.M.,TRIVANDRUM .................... PETITIONER: ----------------- SREEDEVI.S, ASOKA BAVANAM, MANAVARI, ANAVOOR P.O., THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.SAJU.S.A RESPONDENT(S): ----------------------- 1. THE MANAGER, STATE BANK OF TRAVANCORE, UDAYAMKULANGARA BRANCH,THIRUVANANTHAPURAM DISTRICT 2. THE AUTHORISED OFFICER, CHIEF MANAGER (ADVANCES), STATE BANK OF TRAVANCORE REGION-II, ZONAL OFFICE, SANTHINAGAR, THIRUVANANTHAPURAM. BY STANDING COUNSEL ADV.SRI.SATHISH NINAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ------------------------------------------------------ W.P.(C) NO. 35198 OF 2008 (M) ------------------------------------------------------ Dated this the 1st day of December, 2008 J U D G M E N T The only plea of the petitioner is that she may be permitted to pay off the entire outstandings in installments and to put back in possession of the property from which she has been dispossessed. No other grounds have been raised. Hence, foreclosing the right of the petitioner to move before any statutory authority including DRT, this writ petition is ordered directing that if the petitioner deposits an amount of Rs.2.5 lakhs within a period of two weeks, she will be permitted to occupy the premises, which is under the possession of the bank. It is further ordered that if the petitioner continues to remit at the rate of Rs.75,000/- per month, payable on or before the 15th day of every month, commencing from January 2009, the distress action will be suspended and the petitioner will be at liberty to be put back in actual possession including de jure W.P.(C) No.35198/2008 - 2 - possession on repayment of the entire amounts. If there is default in remitting any of the instalments as afore-directed, the benefit of this judgment will stand recalled and this writ petition will stand dismissed automatically, enabling the respondents to forthwith proceed with further distress action. Sd/- THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/2/12 // True copy // P.A. to Judge.