IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931 WP(C).No. 36043 of 2009(A) ------------------------------------ PETITIONER(S): ------------------------- M.V.SHYAM SUNDER, S/O. VASUDEVAN AGED 44, 'NALINAM' KALOOR ROAD, P.O.MANKAV VALAYANAD AMSOM, KOZHIKODE TALUK. BY ADVS.MR.SRINATH GIRISH MR.E.NARAYANAN RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT REVENUE DEPARTMENT, GOVT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SPECIAL DEPUTY TAHSILDAR REVENUE RECOVERY, KOZHIKODE-4 3. THE VILLAGE OFFICER VALAYANAD VILLAGE, KOZHIKODE. 4. THE MANAGER BANK OF INDIA, SILK STREET, KOZHIKODE. R1 TO R3 BY GOVT. PLEADER MR.BIJOY CHANDRAN R4 BY ADV. MR.C.A.JOY, SC BANK OF INDIA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/12/2009 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss C.K. ABDUL REHIM, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 36043 of 2009 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of December, 2009 J U D G M E N T 1. Challenge in this writ petition is against revenue recovery steps initiated pursuant to Ext.P2 notice, for realisation of arrears of Bank loan availed by the petitioner from the 4th respondent. The loan in question was availed for purchase of a vehicle. According to the petitioner the vehicle in question was sold to another person by virtue of Ext.P1 agreement and the person who had purchased the vehicle only defaulted payment of the installments in violation of the conditions stipulated in the said agreement. Consequently the Bank had initiated recovery steps and at the instance of the Bank now revenue recovery proceedings are initiated. 2. Eventhough the person who had purchased the vehicle is liable to pay off the balance amount, the petitioner undertakes that he will clear payment of the W.P.(C)No. 36043 of 2009 -2- entire arrears in order to avoid further coercive steps, provided reasonable time is granted to pay off the amount in installments. 3. Heard, Adv. Mr. C.A. Joy standing counsel appearing for the 4th respondent. It is submitted that since the loan account is in chronic default, the 4th respondent is not favouring in allowing any extended period for payment. 4. Having considered facts and circumstances of the case, I am of the opinion that some indulgence can be shown in the matter of permitting the petitioner to pay off the entire arrears within a reasonable time. Accordingly the writ petition is disposed of directing the petitioner to pay off the entire liability in four (4) equal monthly installments falling due on or before 15.01.2010 and on or before the 15th day of the succeeding three (3) months. 5. It is made clear that if the amounts as stipulated above is paid before the 4th respondent Bank, without any default, the respondents 2 & 3 shall keep further steps of recovery in abeyance. W.P.(C)No. 36043 of 2009 -3- 6. It is made clear that on the event of failure to pay any of the installments as stipulated above, the respondents will be free to proceed with further steps of recovery pursuant to the notices already issued, and on any such event the petitioner will be precluded from raising any subsequent challenge against such proceedings either before this court or before any other forum. C.K. ABDUL REHIM JUDGE shg/