IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 16TH SEPTEMBER 2008 / 25TH BHADRA 1930 WP(C).No. 3738 of 2004(T) ------------------------- PETITIONER: ------------ RASALAYYAN, S/O. CHELLAYYAN, AGED 55, MANULITHATTUVEEDU, LURDUPURAM, KANJIRAMKULAM P.O., NEYYATTINKARA, TRIVANDRUM. BY ADV. SRI.VARGHESE PREM SRI.A.K.ANIKUTTAN RESPONDENT: ------------- KERALA FINANCIAL CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, VELLAYAMBALAM, THIRUVANANTHAPURAM. BY ADV. SRI.R.S.KALKURA.S.C.FOR KFC. SRI.L.MOHANAN, SC, KFC THIS WRIT PETITION (CIVIL) HAVING BEEN HEARD ON 16/09/2008, THE COURT ON THE SAME DAY, DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 3738 of 2004 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 16th September, 2008. J U D G M E N T The petitioner is a defaulter in repayment of loan amounts due from him to the Kerala Financial Corporation. He has approached this Court challenging Ext. P3 notice of recovery seeking the following reliefs: “i) Issue a writ of certiorari or any other appropriate writ, direction or order quashing Exhibit P3 and all further steps pursuant to it as illegal; ii) a writ of mandamus or any other appropriate writ, or direction directing the respondents to issue detailed statement of accounts of the above loan account till date and grant some time to the petitioner to repay the same.” From the reliefs themselves, it is clear that the petitioner has not disputed the liability to pay. 2. Pursuant to an interim order, the KFC has filed a statement along with which they have produced a statement of accounts. The petitioner has not cared to file any reply to the same. That being so, I must take it that the petitioner has no objection regarding the statement of account. In such circumstances, there is no dispute in respect of the quantum also. 3. The writ petition was filed in 2004. The petitioner obtained a stay of recovery on his paying an amount of Rs. 5 lakhs. Counsel for the petitioner is absent. The learned standing counsel for the KFC is not in a position to tell me as to whether the said amount has been paid also. Taking into account the facts and circumstances of the case, I dispose of this writ petition with a direction to the respondents to permit the petitioner to pay the amounts due in six equal monthly instalments starting from 15-10-2008. Every subsequent instalment shall be paid on the first working day after 14th of every succeeding month. If the petitioner complies with the above directions strictly, further coercive proceedings shall be kept in abeyance. However, if W.P.C. No. 3738/2004 -: 2 :- the petitioner commits default in payment of any one instalment, it would be open to the respondents to continue proceedings as initiated by Ext. P3 without having to issue any fresh notice or proceedings in that regard. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.