IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 29TH JULY 2010 / 7TH SRAVANA 1932 WP(C).No. 23644 of 2010(E) -------------------------------------- PETITIONER: ------------------- JOSE V.A., S/O.AUGUSTIN, VATTAPARAMBIL HOUSE, CHAZHUR, KURUMBILAVU VILLAGE, THRISSUR TALUK. BY ADVS. SRI.HARISANKAR V. MENON, SRI.MAHESH V.MENON. RESPONDENTS: ------------------------ 1. DEPUTY TAHSILDAR, REVENUE RECOVERY, THRISSUR – 680 001. 2. VILLAGE OFFICER, VADAKKUMURI/CHAZHOOR, THRISSUR – 680 001. 3. THE MANAGER, CANARA BANK, PAZHUVIL BRANCH, P.O.PAZHUVIL, THRISSUR – 680 564. R3 BY SRI. PAULY MATHEW MURICKEN, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P. R. RAMACHANDRA MENON, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= W.P.(C) No. 23644 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 29th day of July, 2010 JUDGMENT Petitioner who was working as a Clerk in an aided school availed a 'personal loan' of Rs.30,000/- from the third respondent bank on 8-5-2006, agreeing to repay the same in '36' equal monthly instalments, at the rate of Rs.850/-, but repayment could not be effected as agreed. In the said circumstances, the respondent bank proceeded with further steps placing a requisition before the revenue authorities, leading to issuance of Exts.P1 and P2, which are under challenge in this writ petition. 2. The learned counsel for the petitioner submits that the petitioner does not intend to press the challenge and further that the only relief now pressed before this Court is to permit the petitioner to clear the liability by way of reasonable instalments. 3. The learned counsel for the petitioner also submits that the default was never wilful, but because of unforeseen W.P.(C) No. 23644/2010 2 circumstances and that every earnest effort is being taken to clear the outstanding liability, for which some time is required. 4. Considering the limited nature of the relief prayed for, the petitioner is permitted to clear the entire liability in 'six' equal monthly instalments; the first of which shall be effected on or before the 30th of August, 2010; to be followed by similar instalments to be effected on or before the 30th of the succeeding months. Subject to the above, all further coercive proceedings pursuant to Exts.P1 and P2 shall be kept in abeyance. It is made clear that, if any default is committed by the petitioner in satisfying the due amount as above, it will open to the respondents, to proceed with further steps for realization of the entire amount in a lump sum. The Writ Petition is disposed of. P. R. RAMACHANDRA MENON, JUDGE. mn.