IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 30TH MARCH 2010 / 9TH CHAITHRA 1932 WP(C).No. 2171 of 2010(V) ------------------------------------- PETITIONER: ------------------- K.VIJAYACHANDRA MENON, S/O. LATE KESAVA PILLAI, RESIDING AT PARAPPILLY MADHOM, HOUSE NO.VIII/2356, GUJARATHI ROAD, MATTANCHERY VILLAGE, KOCHI TALUK, ERNAKULAM. BY ADVS. SRI.P.V.JAYACHANDRAN, SRI.M.S.SAJEEV KUMAR. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, COLLECTORATE, ERNAKULAM. 2. THE SPECIAL TAHSILDAR (R.R.), KOCHI, ERNAKULAM. 3. SENIOR MANAGER, M/S. PUNJAB NATIONAL BANK, DURBAR HALL ROAD, ERNAKULAM. 4. BABU WARRIER, RESIDING AT 39/3698, RAVIPURAM ROAD, VALANJAMBALAM, ERNAKULAM. R1 & R2 BY GOVT. PLEADER SRI. MATHEW J. VADAKKEL, R3 BY ADV. SRI.C.AJITH KUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.2171/2010-V: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE DEMAND NOTICE NO:A4-1741/02 DTD. 23/09/2009 ISSUED BY THE R.2. EXT.P.2: COPY OF THE DEMAND NOTICE NO:A4-2268/09 DTD. 08/12/2009 ISSUED BY THE R.2. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No.2171 of 2010-V ---------------------------- Dated this the 30th day of March, 2010. J U D G M E N T The petitioner, who is a lawyer, is challenging the steps taken by way of revenue recovery proceedings, at the instance of the third respondent Bank, seeking to realize the amount stated as due under a loan availed by the fourth respondent, for which he petitioner stood as a guarantor. 2. Many a ground has been raised by the petitioner as to the sustainability of the proceedings, contending that the proceedings under the Revenue Recovery Act are not applicable. This however is strongly rebutted from the part of the respondents by filing a counter affidavit, contending that, it is very much within the 'priority sector' that the respondents are perfectly justified by resorting to the steps taken under the Revenue Recovery Act. It is also brought to the notice of this Court that the outstanding liability of the petitioner, as in March 2010, is nearly Rs.53,198/- and that a sum of Rs.10,000/- deposited by the petitioner before the revenue authorities pursuant to the interim order passed by this Court is yet W.P(C) No.2171 of 2010-V 2 to come to the hands of the respondent Bank. 2. The learned counsel for the petitioner submits that the only relief now pressed before this Court stands confined to provide some breathing time to clear the liability; particularly in view of the fact that the borrower (the fourth respondent) is stated as absconding and that the petitioner intends to tap some other source, so as to clear the liability. 3. Considering the facts and circumstances the petitioner is permitted to wipe of the entire outstanding liability by way of 'five' equal monthly instalments; the first of which shall be effected on or before the 30th of April, 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 Ext.P2 shall be kept in abeyance. It is also made clear that, if any default is committed by the petitioner in satisfying the due amount as above, it will open to the Bank, to proceed with appropriate steps for realisation of the entire amount in a lump sum. The Writ Petition is disposed of. Sd/- P.R.RAMACHANDRA MENON ab JUDGE //True Copy//