IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 5TH AUGUST 2010 / 14TH SRAVANA 1932 WP(C).No. 22581 of 2010(W) -------------------------- PETITIONER: --------------- VARGHESE CHACKO, AGED 56 YEARS, S/O.CHACKO, MADATHIKUDIYIL HOUSE, KADAVOOR VILLAGE, CHATHAMATTOM.P.O., KOTHAMANGALAM TALUK. BY ADV. MR. SIRAJ KAROLY RESPONDENTS: --------------- 1. THE DEPUTY TAHASILDAR(REVENUE RECOVERY), KOTHAMANGALAM TALUK, TALUK OFFICE, KOTHAMANGALAM. 2. THE VILLAGE OFFICER, KADAVOOR VILLAGE, KOTHAMANGALAM TALUK. 3. THE DISTRICT COLLECTOR, ERNAKULAM, KAKKANADU. 4. CANARA BANK LTD., KOTHAMANGALAM, REPRESENTED BY ITS BRANCH MANAGER, KOTHAMANGALAM. R1 TO R3 BY GOVERNMENT PLEADER MR. BIJOY CHANDRAN R4 STANDING COUNSEL MR. PAULY MATHEW MURICKEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 22581 of 2010 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 5th day of August, 2010 JUDGMENT The petitioner had availed a loan of Rs. 25,000/- from the 4th respondent, on the strength of a promisory note executed in this regard. But, the repayments were not at all prompt, which led to a civil suit instituted by the fourth respondent as O.S. 126 of 2010 before the Munsiff's Court, Muvattupuzha. The petitioner is made to approach this Court because of the coercive proceedings pursued by the respondents, resorting to the remedy under the Kerala Revenue Recovery Act, as borne by Exts. P3 and P4. 2. When the matter came up for consideration on 20.7.2010, the 'status quo' was ordered to be maintained for a period of one month, on condition that, the petitioner deposited a sum of Rs. 5,000/- which is stated as complied with. 3. The learned counsel appearing for the respondents, on instructions, submits that, after giving due credit to the amount of Rs.5,000/- , as on 31.7.2010, the outstanding liability is Rs. 24,633/- with further interest from 1.4.2010. The learned counsel for the petitioner submits that, the plight of the petitioner is deplorably poor and he is not in a position to effect the amount in lump. The learned W.P. (C) No. 22581 of 2010 : 2 : counsel seeks for maximum indulgence of this Court to permit the petitioner to wipe off the liability by way of reasonable installments, simultaneously adding that, the petitioner is not intending to press any other grounds raised in the Writ Petition or to press the contentions raised in the written statement filed before the Munsiff's Court. 4. Considering the facts and circumstances, the petitioner is permitted to clear the liability by way of 'ten' equal monthly installments; the first of which shall be effected on or before the 30th of this month, to be followed by the similar installments to be effected on or before the 30th of the succeeding months. Subject to this, the recovery proceedings stated as being pursued against the petitioner shall be kept in abeyance. It is also made clear that, if any default is committed by the petitioner in satisfying the liability as above, which is rather admitted from the part of the petitioner by virtue of the observation made herein before, the respondents will be at liberty to proceed with further steps for realization of the entire amount in lump sum. The Writ Petition is disposed of. P. R. RAMACHANDRA MENON, JUDGE kmd