IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 7TH DECEMBER 2009 / 16TH AGRAHAYANA 1931 WP(C).No. 35100 of 2009(F) -------------------------- PETITIONER(S): --------------- K.P.SALIM, S/O.K.P.KUNHIPPA, AGED 29 YEARS, RESIDING AT KUNNATHUPEEDIKA HOUSE, P.O.THACHAMPARA, PALAKKAD DISTRICT. BY ADV. SRI.C.S.MANU SRI.S.K.PREMRAJ RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF KERALA, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, COLLECTORATE, PALAKKAD. 3. THE DEPUTY TAHSILDAR (RR), OFFICE OF THE DEPUTY TAHSILDAR (RR), MANNARKAD, PALAKKAD DISTRICT. 4. THE VILLAGE OFFICER, VILLAGE OFFICE, THACHAMPARA, PALAKKAD DISTRICT. 5. THE DHANALAKSHMI BANK LIMITED , THACHAMPARA BRANCH, PALAKKAD DISTRICT REPRESENTED BY ITS BRANCH MANAGER. BY ADV.SRIC.K.KARUNAKARAN, S.C. FOR R5 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J. ------------------------------ W.P.(C).No.35100 OF 2009 ------------------------------ Dated this the 7th day of December, 2009 J U D G M E N T ---------------------- 1. Petitioner is aggrieved by the revenue recovery steps initiated against him through Ext.P1 and P2 notices, for realisation of amounts outstanding repayment in a loan availed by him from the 5th respondent Bank. The loan in question was sanctioned under 'PMRY' Scheme. Eventhough various contentions are raised regarding maintainability of revenue recovery proceedings, learned counsel for the petitioner conceded that the petitioner is ready and willing to pay off the entire liability within a reasonable time in installments. 2. Learned standing counsel appearing for the 5th respondent contended that the loan was sanctioned in the year 2006 and the petitioner had defaulted regular payments. On the other hand learned counsel for the petitioner submits that considerable amount has already been paid to the loan account, and that the loan in question was availed only to the tune of Rs.65,000/-. 3. Having considered facts and circumstances of the case I am of the opinion that without looking into merits of the W.P.(C).35100/09-F 2 matter some indulgence can be shown for permitting the petitioner to pay off the entire balance within a short period. 4. Accordingly the petitioner is permitted to make payment of the entire balance outstanding, along with future interest if any liable, in 4 (four) equal monthly installments to be paid on or before 31.12.2009 and on or before the last day of the succeeding months. 5. It is made clear that on the event of default in payment of any of the installments the respondents are free to proceed with further steps of recovery pursuant to notices already issued, and on such event the petitioner will be precluded from raising any further challenge against such proceedings. C.K.ABDUL REHIM, JUDGE. okb