IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 30TH MAY 2011 / 9TH JYAISHTA 1933 WP(C).No. 5685 of 2011(I) ------------------------- PETITIONER(S): --------------- VARGHESE.K.K., S/O.KUNJAVARA.K.A., KALAPURAKKAL HOUSE, MALA PALLIPPURAM, THRISSUR DISTRICT. PIN-680 732. BY ADV. SRI.M.R.DHANIL RESPONDENT(S): --------------- 1. CANARA BANK, CHALAKUDY BRANCH, CHALAKUDY (PO), THRISSUR DISTRICT. REPRESENTED BY ITS MANAGER. 680 307. 2. DEPUTY TAHSILDAR, REVENUE RECOVERY, KODUNGALLOOR TALUK, KODUNGALLOOR (PO), THRISSUR DISTRICT. 680 664. SRI.PAULY MATHEW MURICKEN – SC FOR R1 GOVT. PLEADER SRI.MATHEW GEORGE VADAKKEL FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J --------------------------------------- W.P(C) No.5685 of 2011-I ---------------------------------------- Dated this the 30th day of May, 2011. J U D G M E N T Challenge in this writ petition is against recovery steps initiated for realising amounts due in a loan account which was availed by the petitioner from the 1st respondent Bank. Eventhough various contentions are raised, I find no tenable grounds to hold that the petitioner is not liable for payment of any amount under demand. 2. By virtue of the interim order issued by this Court on 23.3.2011, the petitioner had already remitted a sum of Rs.15,000/-. It is evident from Ext.P6 demand notice that the total amount due is Rs.44,000/- as on 23.12.2010, along with future interest. 3. Learned counsel for the petitioner made an appeal to this Court to permit payment of the balance amounts in a phased manner, within a reasonable time. Eventhough interference on merits is not warranted, I am of the view that petitioner can be permitted to pay off the liability in W.P(C) No.5685 of 2011-I 2 instalments, within a reasonable time. 4. Accordingly, the writ petition is disposed of directing the respondents to keep in abeyance all further coercive steps of recovery, subject to condition of the petitioner remitting the entire balance outstanding along with interest and other charges if any due, in 3 (three) equal monthly instalments, falling due on or before 30.6.2011 and on or before the last day of two succeeding months. 5. It is made clear that on the event of default in payment of any one of the instalments, the respondents will be free to proceed with further steps. It is further made clear that the above relief is granted subject to the condition that the petitioner is precluded from raising any subsequent challenge against such proceedings. C.K.ABDUL REHIM JUDGE ab