IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 6TH JUNE 2008 / 16TH JYAISHTA 1930 WP(C).No. 25550 of 2004(N) -------------------------- PETITIONER: ------------ RATHEESH.N.,S/O. LATE NARAYANAN NAIR, CHERIYAMADAM HOUSE,METTOOR P.O.,THALASSERY. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: ------------- 1. THE MANAGER,DHANALAKSHMI BANK LTD., THALASSERY. 2. DEPUTY TAHSILDAR,REVENUE RECOVERY, VADAKARA. R1 BY ADV. SRI.P.JACOB VARGHESE,SC,DHANALAKSHI BANK R2 BY G.P. SMT. SMITHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE DEMAND NOTICE ISSUED UNDER SECTION 7 OF THE R.R. ACT. EXT.P2 TRUE COPY OF THE JUDGMENT DATED 17.10.2003 OF THIS HON'BLE COURT IN WPC 22651 OF 2003 V RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 25550 OF 2004 -------------------------------------------- Dated this the 6th day of June, 2008 JUDGMENT Since petitioner has undertaken to clear the arrears in three months from today, W.P. is disposed of directing the first respondent to grant waiver of penal interest if petitioner clears the liability within three months from now. As and when liability is settled, second respondent will withdraw recovery proceedings. However, if payment is not made and liability is not settled as above, then there will be direction to second respondent to attach and sell the petitioner's property and recover the entire arrears and remit it to the first respondent. (C.N. RAMACHANDRAN NAIR) Judge kk 2