IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 7TH FEBRUARY 2011 / 18TH MAGHA 1932 WP(C).No. 2871 of 2011(H) ------------------------- PETITIONERS:- -------------------- 1. PEETHAMBARAN,AGED 44 YEARS, S/O.BHASKARA MENON,THACHANCHERI HOUSE, MOONNUMURI,MATTATHUR PO,THRISSUR DISTRICT, PIN 680 692. 2. SASI KUMAR.C.P, AGED 49 YEARS, S/O.PAPPU,CHERIYAMPARAMBIL HOUSE, KODALY, PADDY PO,THRISSUR DISTRICT, PIN 680 699. BY ADV. SRI.SHOBY K.FRANCIS RESPONDENTS:- --------------------- 1. DISTRICT COLLECTOR, COLLECTORATE, THRISSUR 680 001. 2. DEPUTY TAHASILDAR(RR),TALUK OFFICE, MUKUNDAPURAM TALUK,THRISSUR DISTRICT 680 741. 3. VILLAGE OFFICER,VELLIKULANGARA VILLAGE, THRISSUR DISTRICT 680 693. 4. VILLAGE OFFICER, MATTATHUR VILLAGE, THRISSUR DISTRICT 680 692. 5. MANAGER,STATE BANK OF TRAVANCORE, CHALAKUDY BRANCH,CHALAKKUDY,THRISSUR DISTRICT 680 307. ADV. T.SETHUMADHAVAN FOR R5 SRI.PUSHPARAJAN KODOTH FOR R5 SRI.K.JAYESH MOHANKUMAR FOR R5 GOVT.PLEADER SRI.BIJOY CHANDRAN FOR R1 TO R4. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J. = = = = = = = = = = = = = = WP(C).No.2871 of 2011-H. = = = = = = = = = = = = = = Dated this the 7th February, 2011. J U D G M E N T Revenue recovery proceedings initiated for realising amounts due from the petitioners to the 5th respondent under two bank loans availed by them, is under challenge in this writ petition. Eventhough various contentions are raised, I find no legally tenable ground for denying the liability. So also, there is no valid contention regarding any material irregularity with respect to the revenue recovery steps. Therefore, I am not inclined to entertain this writ petition. 2. However, the petitioners sought for indulgence in permitting them to make payment of the amounts outstanding in a phased manner, within a reasonable time. 3. Heard; learned counsel for the 5th respondent Bank as well as Government Pleader appearing for respondents 1 to 4. Standing counsel for 5th respondent WP(C).No.2871 of 2011-H. -: 2 :- submitted that there is yet another loan taken by the deceased father of the petitioners, which is also remaining in default for a quite long time. Hence the 5th respondent is not favouring in permitting any extended period for making the payments. 4. Considering the facts and circumstances as narrated above, I am of the view that interest of justice will be served if the petitioners are permitted to make payment of the entire amounts outstanding along with interest and other charges if any due, in six equal monthly instalments. 5. Therefore the writ petition is disposed of directing the respondents to keep in abeyance all further coercive steps of recovery, initiated on the basis of Exts.P3 to P6 notices, if the petitioners remit the entire balance outstanding including interest and other changes if any due, in six (6) equal monthly instalments payable on or before 28.2.2011 and on before the last day of the succeeding months. 6. It is made clear that the instalment facility WP(C).No.2871 of 2011-H. -: 3 :- granted above is only with respect to the two loans for which the revenue recovery steps has already been initiated. It is further made clear that on the event of default in payment of any one of the instalments as stipulated above, the respondents will be free to proceed with further steps pursuant to the notices already issued. It is also made clear that the above relief is granted subject to condition that the petitioners are precluded from raising any subsequent challenges against the proceedings. 7. It is further made clear that attachments if any effected with respect to the property in question will continue. Needless to say that the 5th respondent will furnish details of balance outstanding, in order to facilitate the petitioners for effecting payment as directed above. C.K.ABDUL REHIM, (Judge) Kvs/-