IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 23RD DECEMBER 2011 / 2ND POUSHA 1933 WP(C).No. 34924 of 2011(M) --------------------------------------- PETITIONER(S): ---------------------- THOMAS.P.A, AGED 50 YEARS, S/O.ANTONY, PUTHUR HOUSE, MANDAMPARAMBU, ERUMAPETTY P.O., THRISSUR DISTRICT. BY ADVS. SRI.M.MANOJKUMAR (CHELAKKADAN) SMT.SMITHA GEORGE RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, REVENUE DEPARTMENT, THIRUVANANTHAPURAM. 2. DEPUTY TAHASILDAR (REVENUE RECOVERY), TALUK OFFICE, THALAPPILLY, THRISSUR DISTRICT. 3. VILLAGE OFFICER, KADANGODE VILLAGE OFFICE, THALAPPILLY TALUK, THRISSUR DISTRICT. 4. THE STATE BANK OF TRAVANCORE, MARATHANCODE BRANCH, THRISSUR DISTRICT, REPRESENTED BY ITS BRANCH MANAGER. R1 TO R3 BY GOVT. PLEADER SRI. S. JAMAL R4 BY SRI. T. SETHUMADHAVAN , (S.C.) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: NS WP(C).No. 34924 /2011 APPENDIX PETITIONER(S) EXHIBITS : EXT. P1 : COPY OF DEMAND NOTICE UNDER SECTION 34. EXT. P2 : COPY OF DEMAND NOTICE UNDER SECTION 7. RESPONDENT(S) EXHIBITS : NIL / TRUE COPY / P.A.. TO JUDGE NS S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.34924 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of December, 2011 J U D G M E N T The petitioner challenges revenue recovery proceedings initiated by the 4th respondent through respondents 2 & 3 for recovery of loan amount due from the petitioner to the 4th respondent. The petitioner does not dispute the liability to pay or the quantum. The petitioner only seeks facility to pay off the amount in instalments. This is opposed by the learned counsel for the bank. However, taking a lenient view, I dispose of this writ petition with the following directions: The respondents shall permit the petitioner to pay off the balance amount due in ten equal monthly instalments starting from 16.1.2012. Every subsequent instalment shall be paid on the first working day after the 15th of every succeeding month. If the petitioner pays the instalments on due dates without default, further proceedings under the W.P.(C)No.34924 of 2011 -2- Act shall be kept in abeyance. However, if the petitioner commits default in payment of any one of the instalments, 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 //True copy// P.A. TO JUDGE shg/