IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 11TH FEBRUARY 2009 / 22ND MAGHA 1930 WP(C).No. 4231 of 2009(D) -------------------------------------------- PETITIONER(S): ---------------------- P.K.UTHUP @ THANKACHAN, MARBASIL'S SAW MILL, VAZHAPPILLY, VELLOORKUNNAM, RESIDING AT PAZHUKKALIL HOUSE, VELLOORKUNNAM, MARKET P.O., MUVATTUPUZHA. BY ADV. SRI.P.V.ELIAS SRI.MURALI MANOHAR.R RESPONDENT(S): ------------------------- 1. THE DISTRICT COLLECTOR, ERNAKULAM, CIVIL STATION, KAKKANAD, ERNAKULAM. 2. THE DEPUTY TAHSILDAR (RR), MUVATTUPUZHA. 3. THE VILLAGE OFFICER, VELLOORKUNNAM, MUVATTUPUZHA. 4. THE STATE BANK OF INDIA, REPRESENTED BY ITS BRANCH MANAGER, MUVATTUPUZHA. R1 TO R3 BY GOVERNMENT PLEADER SRI. BEJOY CHANDRAN R4 BY SHRI P.V. SURENDRANATH, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 4231 OF 2009 D -------------------------------------- Dated this the 11th February, 2009 JUDGMENT I heard the learned counsel for the petitioner and the learned Government Pleader. Petitioner availed a loan. It was not repaid. Petitioner is faced with recovery proceedings. Ext.P1 is the notice under Section 34 of the Revenue Recovery Act. Petitioner has sought, among other prayers, an Account Statement and instalment facility. I feel that the petitioner can be permitted to pay off the entire amount due with due interest in eight monthly instalments. The first instalment shall consist of Rs.30,000/= (Rupees Thirty Thousand). This shall be paid on or before 25.02.2009. The remaining instalments shall be paid on or before the 25th of every succeeding month. They are to be paid in equal instalments. The exact amount payable as instalments in terms of this Judgment, naturally after giving due credit to the amount already paid by the petitioner, will be intimated to the petitioner within a period of two weeks from the WPC.4231/09 D 2 date of payment of the amount of Rs.30,000/=. If the petitioner does not remit either Rs.30,000/= or any single instalment, the petitioner will lose the benefit of this Judgment and it will be open to the respondents to proceed against the petitioner for recovery in accordance with law. If the petitioner pays in accordance with this Judgment, recovery proceedings will be kept in abeyance. If only Exts.P1 series of notices have been issued, collection charges shall not be recovered from the petitioner. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge