IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 24TH MAY 2010 / 3RD JYAISHTA 1932 WP(C).No. 897 of 2010(J) ------------------------ PETITIONER: --------------- SARADHA SUNNY, KUZHIKANDATHIL HOUSE, NJAYAPILLI.P.O.,THATTEKKADU, KUTTANPUZHA VILLAGE,' KOTHAMANGALAM VAZHI, KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN-686691. BY ADV. MR. ABRAHAM VAKKANAL, SENIOR ADVOCATE MR. PAUL ABRAHAM VAKKANAL MR. DIJO SEBASTIAN RESPONDENTS: --------------- 1. MANAGING DIRECTOR, KERALA STATE DEVELOPMENT CORPORATION FOR SCHEDULED CASTE AND SCHEDULED TRIBE LIMITED, P.B.NO.523, TOWN HALL ROAD, TRICHUR-6820020. 2. REGIONAL MANAGER, KERALA STATE DEVELOPMENT CORPORATION FOR SCHEDULED CASTE AND SCHEDULED TRIBE LIMITED, REGIONAL OFFICE, PALARIVATTOM, ERNAKULAM-25. 3. THE TAHSILDAR, TALUK OFFICE, REVENUE TOWER, KOTHAMANGALAM-686691. R1 BY ADV. MR. M.K.CHANDRA MOHANDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 897 of 2010 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 24th day of May, 2010 JUDGMENT The petitioner has approached this Court with the following prayers: i. issue a writ of certiorari or other appropriate writ or order quashing Ext.P5 and P6 ii. issue a writ of Mandamus or any other appropriate writ, direction or order, directing the respondents to permit the petitioner to repay the balance amounts due in 15 installments within a period of 3 years i.e. up to March, 2012, after giving the petitioner a proper statement of accounts; iii. issue a writ of Mandamus or other writ, order or direction, directing the respondents 1 to 3 not to initiate any coercive recovery proceedings as evidenced by Exts. P5 and P6 against the petitioner, till a proper statement of accounts is given and 15 installments are given for repayment of the balance amounts due within a period of 3 years i.e. upto March, 2012. iv. declare that the petitioner is entitled to remit the loan availed as per Ext.P1 in equal 15 installments till March, 2012. v. Granting such other reliefs which this Honourable Court deems just and proper to be granted on the facts of the case. 2. When the matter came up for consideration on 11.1.2010, it was admitted, simultaneously ordering the coercive proceedings to be kept in abeyance for a period of one month on condition that, the petitioner deposited a sum of Rs.50,000/- within 10 days. On satisfying the condition, the interim order was extended. 3. The learned counsel appearing for the first respondent W.P. (C) No. 897 of 2010 : 2 : submits, on instructions, that Rs. 1,06,973/- is the balance amount to be satisfied by the petitioner under the loan transaction and if the said amount is paid the loan account will be closed and title deeds will be handed over to the petitioner. 4. The learned counsel for the petitioner seeks for some breathing time, so as to clear said amount in a phased manner. 5. After hearing both the sides, the petitioner is directed to clear the balance amount by way of '4' equal monthly installments; the first of which shall be paid on or before the 10th June, 2010; to be followed by the similar installments to be effected on or before the 10th of the succeeding months. Subject to this, the coercive proceedings stated as being pursued against the petitioner shall be kept in abeyance for the time being. It is made clear that if the petitioner commits any default in effecting the installments, as aforesaid, the respondents will be at liberty to proceed with further steps for realization of the entire amount in lump sum. It is further made clear that, on satisfying the liability as above, all the title deeds of the petitioner shall be returned to the petitioner forthwith. The Writ Petition is disposed of. P. R. RAMACHANDRA MENON, JUDGE kmd