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. 10865 of 2010(G) --------------------------------------- PETITIONER: ------------------- K.P.JOSEPH VARGHESE, S/O.K.T.PETER, KONNOTH HOUSE, PERUMANUR, KOCHI-15. BY ADV. SRI.R.MURALIDHARAN (AROOR). RESPONDENTS: ------------------------ 1. CANARA BANK LTD., BORADWAY, ERNAKULAM, REP. BY ITS BRANCH MANAGER. 2. THE SPECIAL TAHSILDAR(REVENUE RECOVERY), TALUK OFFICE, ALUVA. R1 BY SRI. PAULY MATHEW MURICKEN, S.C, R2 BY GOVT. PLEADER SRI. BIJOY CHANDRAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No.10865 of 2010-G ---------------------------- Dated this the 30th day of March, 2010. J U D G M E N T The petitioner had availed a loan from the first respondent Bank in the year 2006. However, the amount could not be repaid on time. In the said circumstance, the first respondent sent a requisition to the Revenue authorities so as to cause the due amount realized, invoking the machinery under the Revenue Recovery Act, which is under challenge in this Writ Petition. 2. Heard the learned counsel appearing for the first respondent Bank and the learned Government Pleader appearing for the second respondent. 3. The learned counsel for the petitioner submits that the petitioner does not intend to press the challenge with regard to the steps taken by the respondents and the only prayer before this Court is to permit the petitioner to clear the liability by way of reasonable instalments, pointing out that the petitioner is not in a position to clear the entire liability in a lump sum. 4. After hearing both the sides, this Court finds it fit and W.P(C) No.10865 of 2010-G 2 proper to permit the petitioner to discharge the liability in a phased manner. Accordingly the petitioner is directed to clear the liability by way of 'six' 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 this, all further coercive steps being pursued against the petitioner shall be kept in abeyance. It is made clear that, if any default is committed in satisfying the due amount as above, it is open to the respondents, to proceed with appropriate steps in accordance with law for realisation of the entire amount in a lump sum. The Writ Petition is disposed of. Sd/- P.R.RAMACHANDRA MENON JUDGE //True Copy// P.A to Judge ab