IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 27TH JULY 2011 / 5TH SRAVANA 1933 WP(C).No. 20413 of 2011(B) -------------------------- PETITIONER(S): ----------------------- JOSEPH FRANCIS, AGED 64 YEARS, S/O. JOSEPH, R/AT PALLIVATHUKKAL HOUSE, POTTANKADU P.O., BISONVALLEY VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. BY ADV. SRI.S.JIJI RESPONDENT(S): ------------------------- 1. STATE BANK OF TRAVANCORE, POTTANKADU BRANCH, IDUKKI-685 569, REPRESENTED BY ITS MANAGER. 2. THE DEPUTY TAHSILDAR, REVENUE RECOVERY OFFICE, NEDUMKANDOM, IDUKKI DISTRICT-685 553. R1 BY ADV. SRI.SATHISH NINAN, SC R2 BY SENIOR GOVERNMENT PLEADER SRI. CK.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 20413 of 2011(B) ------------------------------------ PETITIONER'S EXHIBITS ------------------------------------- APPENDIX --------------- EXT.P1. COPY OF THE PASS BOK ISSUED BY 1ST RESPONDENT TO THE PETITIONER. EXT.P2. COPY F THE INTIMATION DT. 19.5.2011 ISSUED BY THE 1ST RESPONDENT. EXT.P3. COPY OF THE DEMAND NOTICE DT. 27.5.2011 ISSUED BY THE 2D RESPONDENT. EXT.P4. COPY OF THE DEMAND NOTICE DT. 27.5.2011 ISSUED BY THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS : NIL -------------------------------------- / TRUE COPY / P.A. TO JUDGE VK S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 20413 of 2011 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 27th day of July, 2011. J U D G M E N T The petitioner challenges revenue recovery proceedings initiated by the 1st respondent through the 2nd respondent for recovery of loan amounts due from the petitioner to the bank. The petitioner's contention is that this is a Kisan Credit Card Scheme as per which the petitioner is entitled to deposit and withdraw amounts as many times as he wishes within the time limit, which only has been done by the petitioner in this case and therefore the respondents cannot recover the money in respect of the same. Therefore, although there is some amount outstanding in the account the same cannot be recorded now is the contention raised. 2. The learned standing counsel for the bank, on instructions, submits that Ext. P1 does not relate to the Kisan Credit Card Scheme. On the other hand, it is a facility under another scheme, which was only for a period of 7 years from 2003, which periods is already over and therefore the outstanding amounts in that account have been demanded from the petitioner, is his contention. 3. In view of the explanation by the standing counsel for the bank, the petitioner confines his relief for permission to pay off the amounts in instalments. Having heard both sides, I dispose of this writ petition with the following directions: The respondents shall permit the petitioner to pay off the amounts demanded in 5 equal monthly instalments starting from W.P(C) No. 20413 of 2011 -: 2 :- 1.9.2011. Every subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioner pays the amount without default, further coercive recovery proceedings shall be kept in abeyance. However, if the petitioner commits default in paying any one instalment, it would be open to the respondents to continue proceedings as now initiated without having to issue any fresh notice or proceedings in that regard. Sd/- S. Siri Jagan, Judge. Tds/